PERMFILE72419

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 11/21/2005
• Doc Name: Exhibit 156
• From: City of Black Hawk
• To: DMG
• Media Type: D
• Archive: No

Mr. Tom Schreiner
May 25, 2005
Page 13
• 7. The applicant's failure to obtain the Special Use Review Permit is a violation ofMLRB Rule
§1.4.1(3).
8. The information provided is inadequate to determine if sufficient containment measures aze
in place to ensure compliance with the oil and grease dischazge limits of the CDPS permit.
9. The applicant's failure to obtain the Special Use Review Permit is a violation ofMLRB Rule
§1.4.1(3).
10. The applicant's failure to point out that the CDOT access permit has expired is a violation of
NLRB Rule §1.4.1(3).
11. The applicant's incomplete and contradictory information ondrawing C-2B is a violation of
NLRB Rule §1.4.1(3).
12. The applicant's failure to provide a notarized letter from the BHCCSD stating there will be
"no negative effect" on their utility, or provide a notarized agreement with BHCCSD for
wmpensation for damage to the sewer line is a violation of NLRB Rule §6.3.12.
Should the Board elect to approve the applicant's reclamation permit, Black Hawk requests the
following conditions be included in the approval:
• 1. The applicant must identify the source(s) ofwater to be used for the mining operations (e.g.,
dust control, imgation water). Water pumped out ofCleaz Creek orNorth Clear Creek into a
tanker truck without a valid, in priority, water right will injure Black Hawk's water rights.
The NLRB Rules specifically require the applicant to identify the specific source(s) ofwater
and the quantity to be obtained from each source in order to meet the project's anticipated
water requirements (NLRB Rules, §6.4.7(4)).
2. The applicant must provide an estimate of all anticipated water requirements -including flow
rates and annual volumes -for each phase of the project, including, but not limited to,
development, mining, and reclamation (NLRB Rules, §6.4.7(3)). The application merely
states that the daily water requirement is estimated to be 30,000 gallons per day (Application,
page 17, Exhibit G -Water Information). It is unclear whether the 30,000 gpd estimate is
solely for dust control, or includes imgation water as well. If not, the estimate should be
revised to include irrigation requirements. Also, although required by NLRB Rules, annual
water demand volumes are not provided.
3. Use or evaporation ofwater exposed during mining operations will consume native water
supplies tributary to North Clear Creek and injure existing water rights. Therefore, the
permit should include language that any water exposed as a consequence of mining cannot be
used for mining operations, or stored, without a substitute water supplyplan approved by the
Division of Water Resources (NLRB Rules, §3.1.6(1)(a)).
• 4. The permit should include language that all waters conveyed via these drainage diversions
may not be used as part of the mining operation.
\~ LEONARD RICE ENGINEERS INC