PERMFILE110292 - Laserfiche WebLink

Home Browse Search

• Green/Croissant Sand and Gravel Mine, Secon~"Response to Adequacy Review June 14, 2001 Page 2 The Applicant will notify the DMG of the status of 404 permitting. When a plan for mitigation has been approved by the U.S. Army Corps of Engineers, it will be forwarded for DMG records. The DMG second adequacy review repeats the exact language of the first adequacy review for this item. Through phone conversations with the DMG, we infer that application of the 1998 In-Stream Aggregate Extraction and Reclamation document is intended to ensure slope integrity at the Green/Croissant Sand and Gravel Mine. However, none of the types of In- Stream Aggregate Extraction detailed in this guidance document describes or provides criteria for the Green/Croissant operation. To be clear, the Green/Croissant Sand and Gravel Mine is not: In-Stream Dredge Mining; Dragline or Loader Mining of Point Bars and Lateral Bars; Permanent Diversion of Existing Stream Channels; Split Channel Mining; Rock Vortex Weirs/Harvest Pits; Mining of Bars and Minor Islands above Low Water Level; or Dry Ephemeral Channels. We believe the application of this document to a permit that does not call for in-stream aggregate extraction is arbitrary and capricious. As stated in the first adequacy response, we are also concerned that the designated floodway and controls on the development of land uses in these areas are an artifact of local government ordinances. The jurisdiction in this case, Weld County, requires review and approval of a Flood Hazard Development Permit for cases such as the Green/Croissant Sand and Gravel Mine; this study and possible design adjustments are required by Condition 3B of the County's Use by Special Review approval of the project. 6.4.5 EXHIBIT E -Reclamation Plan 10. As stated in the above response to item 5, the Operator will forward to the DMG the 404 permit and plans for wetland mitigation at the subject site when issued by the Army Corps of Engineers. Because the hydrology and floristic character of the site have been heavily influenced by seepage and spillover from poorly maintained ditches on the site, the July 2000 wetlands delineation suggested that proper upkeep of the ditches and reservoir may result in a significant reduction of jurisdictional wetlands acreage, especially in areas of marginal wetlands quality. Due to these and other uncertainties, as noted in the DMG's second adequacy letter, it is imprudent to speculate as to the scope or character of mitigation design at this time. The Operator reiterates its commitment to supply the Division of Minerals and Geology with detailed plans for mitigation once reviewed and approved by the U.S. Army Corps of Engineers. The Construction Materials Operation will avoid jurisdictional wetlands prior to approval of a 404 permit.