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permit, the Applicant must submit a substitute water supply plan or decreed plan for augmentation. <br />The Applicant has stated that he will submit a substitute water supply plan to the Colorado Division <br />of Water Resources to obtain an approved permit to expose groundwater. The Applicant has <br />prepared groundwater consumption models and has been in contact with DWR regarding this <br />matter. <br />The Applicant has also stated that the site will continue to prevent stormwater runoff from the site. <br />There will be fuels and other fluids stored onsite, but only within facilities with impermeable liners. <br />The process water used at the cement plant will contain only fines resulting from washing of the <br />aggregate removed from the excavation. Therefore if any process water is allowed to percolate into <br />the ground, the fines contained in the water are essentially the same material as that which is being <br />excavated from the site. <br />Through a search of the data at the Colorado Division of Water Resources, the Applicant has <br />identified two groundwater wells within 600 feet of the permitted azea boundary. The Applicant was <br />informed by DWR that he must obtain a waiver of objection from all well owners with wells within <br />600 feet ofthe permit, or contact the DWR office regarding the 600-foot spacing notification/ <br />hearing process. The Applicant has been in contact with DWR regarding this matter. <br />The irrigation water question raised above stems from a 2001 complaint from Mr. Chappell. The <br />Division investigated and responded that the headgate in question was outside the permit boundary, <br />and since United Companies was also a ditch user, it was a civil matter and beyond the Division's <br />jurisdiction. <br />Division Comment <br />The Division accepts that if the Applicant complies with the requirements imposed by DWR, and <br />obtains the required waivers and permits, the proposed mining and reclamation plans pose little to <br />no risk to the groundwater and surface water at and around the site. <br />By maintaining onsite stormwater controls, and storing any hazardous materials within impermeable <br />containment, the possibility of a spill or leak that could threaten groundwater quality is negligible. <br />Process water that maybe allowed to percolate into the ground will contain only fines from the <br />native material excavated from the site. The operation will not daylight into the Uncompahgre <br />River floodplain and is not subject to flooding from or releases to the river. <br />No future changes to the Ouray Ditch or other onsite ditches aze proposed in this amendment. <br />In summary, all surface water and groundwater requirements are met, except for DWR permits and <br />approvals. The operator must provide evidence of having obtained all the necessary permits and <br />approvals from DWR before exposing groundwater. This is a permit issue for which the Division <br />may condition the approval of an application while imposing a future compliance requirement that <br />the Applicant must meet. <br />B. ISSUES RAISED DURING THE INITIAL COMMENT PERIOD THAT THE DIVISION <br />BELIEVES ARE NOT WITHIN THE JURISDICTION OF THE DIVISION OR BOARD <br />