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'- <br />-33- <br />Several questions were asked by citizens regarding air quality and water <br />quality and which agencies were responsible for evaluating the ensuring <br />compliance with statutory requirements. While the Colorado Department of <br />Health is responsible for issuing permits far point source discharges and <br />water and air emissions based on standards contained in statutes and <br />regulations under which they operate, the Division must ensure that the mining <br />and reclamation plan include adequate baseline information and protection or <br />mitigation measures to ensure air and water quality remain acceptable. To <br />this end the Division and Department of Health work closely, and, through the <br />Division's regular inspections and the Department's monitoring programs, <br />strive to ensure compliance. <br />A further concern was expressed with respect to ground water well users and <br />water rights. The applicant stated that all nearby water users were in a <br />different ground water aquifer and upgradient from the mining operation, <br />therefore there would be no mine related impacts to wells in the area. <br />Additionally, the Division's review of the application in conjunction with the <br />State Engineer's Office includes an evaluation of water rights and <br />adjudication. The applicant has provided all the necessary information with <br />regard to water rights, which indicates compliance with state statutes and <br />regulations. <br />One citizen questioned whether underground workings will be present under the <br />Riverbend subdivision. There will be no mining under the subdivision or any <br />renewable resource lands. <br />A citizen questioned whether topsoil would be impacted by the mining <br />operation. As provided in the plan, topsoil has been salvaged and stockpiled <br />at the mine site and stabilized until needed for reclamation. <br />i Ps a portion of the topsoil question, a concern for surface water runoff was <br />expressed. The applicant has constructed a sediment pond and diversions, in <br />addition to alternative sediment control measures to control surface runoff. <br />Mine Safety <br />Several citizens expressed concerns regarding mine safety and the measures <br />that would be taken to ensure safe mine operations. It was explained that <br />while the Division does some evaluation of safety related operations during <br />its regular inspections, two other agencies, the federal Mine Safety and <br />Health Administration and the State Division of Mines, are concerned <br />exclusively with safety and conduct inspections to ensure compliance. <br />Local Government Planning and Zoning Issues <br />In addition to the above concerns, citizens expressed concerns and asked <br />questions regarding subjects of local control such as access roads to the <br />mine, noise control and zoning. The Division does not have control over <br />decisions concerning these topics, and citizens were referred to the Garfield <br />County Planning Department and County Commissioners. <br />0262E <br />ern <br />