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ISSUES WITHIN THE JURISDICTION OF THE DIVISION AND BOARD <br />Issues Raised Durine The Public Comment Period <br />"The O'Dells are concerned about the impact of the proposed gravel operation on their water supplies. <br />They have a domestic water well, that will likely have both its quality and its quanfity impacted by the <br />Lafarge industrial operafion. In addition, the O'Dells have water rights on the Suttle Ditch. Lafarge <br />proposes to relocate the Suttle Ditch on the property that it proposes to purchase, but has not obtained <br />approval of the O'Dells, or others, who have an interest in this ditch." <br />1. Has Lafarge West. Inc. complied with the State EnFineer's rules overning injuries to water rights as <br />r~uired in Rule 3.1.6? <br />DMG Response - Lafarge West, Inc. already has a valid well pernut issued by the Office of the State <br />Engineer for the existing River Valley Resources site. Lafazge West, Inc. is well aware of the specific <br />conditions associated with the well pemrit. The northern boundary of the amendment area is greater than <br />600 feet from the southern boundary of the O'Dell's properly. Lafazge West, Inc. understands that they <br />must obtain approval of the downstream ditch users and/or court approval prior to relocation of the Suttle <br />ditch. Lafazge West, Inc. has committed to supplying the Division with a signed, notarized agreement with <br />the owners of the Suttle Ditch or a court decree allowing the relocafion of the ditch prior to moving the <br />Suttle Ditch or mining closer than 40 feet as recommended by the Slope Stability Analysis provided by <br />Greystone Environmental Consultants. <br />2. Has Lafarge West. Inc. arooosed measures So minimize impacts to the hvdrologic balance in the alluvial <br />aquifer beneath the proposed mine site to protect eround water guality and quantity~as required by Rule <br />3.1.6? <br />DMG Response -Lafarge West, Inc. has provided a Spill Prevention, Control and Countermeasure Plan <br />which addresses inadvertent spills and/or leaks of petroleum products. Lafazge West, Inc. will also be <br />using settling ponds for process water and will dischazge process waters offsite under the terms of an <br />approved NPDES Permit issued by the Colorado Department of Health, Water Quality Control Division. <br />Further, Lafazge West Inc. has committed to resolving all concerns regarding the relocation of the Suttle <br />Ditch prior to mining within 200 feet of the ditch. <br />`...it does not appeaz that Lafazge has fully responded to the issue of its right to enter and initiate a mining <br />operation on the affected land as raised in the April 11, 2003 letter (Bazbaza D.Chiappone to Gary Tuttle)" <br />3. Has La ar a West Inc. provided free and clear legal right to enter and initiate a mining~eration on <br />the afrected land. as required by Rule 6.4.14? <br />DMG Response -The lawsuit referenced by the O'Dell's attorney was settled prior to the September 11, <br />2002 Division's approval of Lafarge West, Inc.'s original ] 12 pemut application for 105.40 acres and no <br />longer constitutes a "cloud" as referenced on page 7 of LaFarge's "Purchase and Sale Agreement" for the <br />affected land. Lafarge West, Inc. has provided signed and notarized purchase agreement for the 22.85 acre <br />amendment tract. <br />Based on our review of the permit application and all suvnorting documentation, the Division recommends <br />conditional approval of the Regular 112 Amendment Application. with a financial warranty requirement of <br />270 200. <br />