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Mr. Tom Schreiner <br />May 25, 2005 <br />Page 8 <br />• The attached construction drawing C-2B shows two sedimentation ponds labeled as <br />sedimentation pond B. One of the sedimentation ponds labeled "B" is labeled with a <br />capacity of 220,000 ft3, and the other pond labeled "B" does not show a design capacity. <br />• On drawing C-2B, sedimentation pond C is labeled as permanent and appears from the <br />construction drawing to be smaller than sedimentation pond B, which is contradictory to the <br />values for the ponds shown in the table on the drawing. <br />• A statement on page 13 of the Response to Adequacy Review, "A permanent sedimentation <br />basin, referenced as Sediment Pond C in the initial drawings and the DMG adequacy review <br />letter, has been removed from the reclamation plan" is inconsistent with the Revised Exhibit <br />C-2C which shows the permanent Sediment Pond C. <br />• The McDerrnid memorandum (page 2) indicates historic peak flows from the 100.year event <br />in each of the basins are 81 cfs {West Basin),166 cfs (East Basin), and 55 cfs {South Basin). <br />None of the revised exhibits delineate basin boundaries. None of the sedimentation ponds <br />appeaz capable of handling these storm event flows. <br />Additionally, Segment 13(b) of the North Fork, to which the ponds will dischazge, is currently listed <br />by the State Water Quality Control Commission due to concerns over aquatic life. The information <br />• provided is inadequate to determine if the ponds are designed and sized to prevent off-site erosion <br />that may impact downstream aquatic life. <br />The information is also inadequate to determine if the diversion channels will adequately handle the <br />stormwater flows to be bypassed. <br />There is a concern that the fuel, oil, and used petroleum products to bestored on-site will pollute the <br />water quality of the runoff water. The information provided is inadequate to determine if sufficient <br />containment measures aze in place to ensure compliance with the oil and grease discharge limits of <br />the CDPS permit. <br />The permit should be denied because: <br />• The applicant's incomplete and contradictory information ondrawing C-2B is a violation of <br />NLRB Rule § 1.4.1(3). <br />• The applicant's failure to provide a notarized letter from the BHCCSD stating there will be <br />"no negative effect" on their utility, or provide a notarized agreement with BHCCSD for <br />compensation for damage to the sewer line is a violation of NLRB Rule §6.3.12. <br />If the permit is approved, Black Hawk requests the following conditions in the permit to ensure the <br />• runoff management plan is consistent with water quality dischazge permit requirements NLRB <br />Rules, §6.4.7(c), the applicant complies with applicable water quality standards (NLRB Rules, <br />§3.1.6(6)), and no injury occurs to Black Hawk's water rights (NLRB Rules, §3.1.6(1)(a)): <br />/~ LEONARD RICE ENGINEERS INC. <br />