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Page 14 <br /> operator and to meet the performance standards of the statute and regulations. Based <br /> on this analysis, the City of Boulder's concern that the pending permit amendment is a <br /> digression from the original reclamation plan intent is not a basis for denial of the <br /> amendment application. <br /> ISSUE 4 Whether the Amendment adequately addresses impacts on groundwater levels and <br /> irrigation flows. <br /> Comment: "The presently approved Augmentation Plan is inconsistent with the proposed <br /> Amendment and thus violates Section 34.32.5-116(4)(h) and Construction Materials <br /> Rule 3.1.6." <br /> Response: The proposed amendment will result in a reduction of 33.9 acres of water surface, <br /> therefore, reducing the amount of water required for augmentation. The Office of the <br /> State Engineer, which has jurisdiction over augmentation plans, has been notified of <br /> the proposed amendment by the Division. They have not contacted the Division with <br /> any concerns about the augmentation plan. <br /> Act citation 34.32.5-116(4)(h) reads as follows: <br /> "(h) DISTURBANCES TO THE PREVAILING HYDROLOGIC BALANCE <br /> OF THE AFFECTED LAND AND OF THE SURROUNDING AREA AND TO THE <br /> QUALITY AND QUANTITY OF WATER IN SURFACE AND GROUNDWATER <br /> SYSTEMS, BOTH DURING AND AFTER THE MINING OPERATION AND <br /> DURING RECLAMATION, SHALL BE MINIMIZED. NOTHING IN THIS <br /> PARAGRAPH (h) SHALL BE CONSTRUED TO ALLOW THE OPERATOR TO <br /> AVOID COMPLIANCE WITH OTHER STATUTORY PROVISIONS GOVERNING <br /> WELL PERMITS AND AUGMENTATION REQUIREMENTS AND <br /> REPLACEMENT PLANS WHEN APPLICABLE." <br /> The Division has made the judgment that there will be no significant negative <br /> disturbances to the hydrologic balance, and the Division has not identified anything in <br /> the amendment application which could be construed to allow the operator to avoid <br /> compliance with other statutory provisions governing well permits and augmentation <br /> requirements and replacement plans, when applicable. The Rule citation 3.1.6 requires <br /> that disturbances to the prevailing hydrologic balance be minimized and that the <br /> operator comply with federal and Colorado laws. As stated above, the Division has <br /> determined that these requirements will be complied with by the operator. <br /> Comment: "...the City of Boulder does not believe it is appropriate to approve the proposed <br /> amendment to the existing reclamation plan for the Deepe Farm Pit until Western <br /> Mobile conducts a thorough evaluation of the potential ground water and irrigation <br />