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Mr. Tom Schreiner <br />May 25, 2005 <br />Page 6 <br />• The applicant to complete a habitat assessment of the site and coordinate with the United <br />States Fish and Wildlife Service. <br />The applicant to complete a wetland delineation of the Colorado Department of <br />Transportation (CDOT) right of way. <br />• The applicant to complete paleontological studies to determine the presence and location of <br />cultural and paleontological resources. <br />III DISCHARGE PERMIT <br />Per the application: Appropriate dischazge permits will be obtained (Application, page 4) and a <br />CDPS/Stormwater permit will be obtained from the Colorado Department of Public Health and <br />Environment (CDPHE)prior toanyground-disturbing activities at the proposed permit area (Exhibit <br />M -Other Permits and Licenses). <br />Comment.' MLRB Rules require that disturbances to water quality during the mining operation, after <br />the mining operation, and during reclamation shall be minimized by measures, including but not <br />limited to, compliance with applicable federal and Colorado water quality laws and regulations <br />(§3.1.6(1)(b)). The Colorado Discharge Permit System Regulations (Water Quality Control <br />Commission Regulation 61) require specific types of industrial facilities, which discharge <br />• stonnwater associated with industrial activity, to obtain a Colorado Discharge Permit System <br />(CDPS) permit. This permit is also known as a National Pollutant Dischazge Elimination System <br />(NPDES permit). Regulated facilities include sand and gravel mines. <br />The proposed quarry will require a CDPS permit for both its process water and stormwater. <br />MLRB Rule, §6.4.7(5) requires the following: "TheOperator/Applicant shall affirmatively state that <br />the Operator/Applicant has acquired (orhas applied for) a National Pollutant Dischazge Elimination <br />System (NPDES) permit from the Water Quality Control Division at the Colorado Department of <br />Health, if necessary." <br />Black Hawk requests the permit be denied because: <br />• The applicant has not yet applied for or obtained a NPDES permit. MLRB Rules require the <br />applicant to either have the NPDES permit in hand or have applied to CDPHE for the <br />necessary NPDES permit at the time of its 112 permit application submittal. <br />The reclamation permit is incomplete. The MLRB Rules state "all information in an <br />application must be accurate and complete" MLRB Rules §1.4.1(3). <br />IV. DRAINAGE <br />• Per the application: The applicant submitted amendments to application on March 23id, 2005. The <br />amendment included changes to Exhibits C-2A, C-2B, C-2C, and C-2D. The amendments also <br />include the relocation of the highway access road, and its intersection with CO Highway 119. <br />LEONARD RICE ENGINEERS. INC. <br />