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• Memu to PCPC December 11, 199 Special Use Permit No. 370 (2nd Amended) Page d for the Extraction Operation if the applicant would be extracting a greater amount of materials at one time. • Coiorado Wastewater Discharge System Peratit -The applicant has two permits (Nos. COG 500000 and 500092) from the Colorado Depaztment of Health. These permits allow the applicant to discharge groundwater and wash plant water to the Arkansas River. Staff spoke with the Colorado Depaztment of Health, Division of Water Quality, on December 11, 1995. They suggest the applicant inform them about the expansion to avoid any future problems. While the expansion will not likely change the status of Southwest Ready Mix's permits, it could require some slight modifications. OTHER AGENCY COMMENTS Dept of the Army, Corps of Engineers - In a letter dated December 22,1994-this letter was received after the PCPC approved this special use permit-staff was informed the Corps inspected the site and studied the project description, other records, and documents. It was stated in the letter that "the project is not regulated under the provisions of Section 404 of the Clean Water Act and a Department of Army Permit will not be required. However, it was also stated that "Southwest Ready Mix will need a Section 404 permit to stabilize the river banks." Staff spoke with the Corps of Engineers on November 30,1995. They were unsure of whether or not Southwest Ready Mix had applied for any permits or if it was still necessary. A staff member was going to check into the matter and send written correspondence to inform the Department of Planning and Development about what they found; no correspondence has arrived. United States Department of the Interior, Bureau of Land Management - In a letter dated January 5,1995, this agency informed staff problems existed regazding the legal description of the lots occupied by Southwest Ready Mix. Apparently, two different surveys were made of the azea; one was made in 1869 the other in 1871. It was noted the way the lots were numbered and boundary lines established may cause some confusion. The BLM Area Manager informed staff the only way this situation can be resolved legally is if the BLM Cadastral Division resurveys the land. It was made clear that Funds were not available to conduct such a survey. The point of the letter was to "serve notice that any use of the land north of the Arkansas River encompassed within the NEl/4NW1/4 Section 3, without a permit issued by the BLM, may at some future time subject Southwest Ready Mix and also the present owners of Lot 3 if they should