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Rationale :or Approv~i Recon' ndation May 8, 2001 <br />Four States Aggregates, LLC. <br />The application demonstrates compliance with the performance standards of Rule <br />3.1.5(3), which requires al! grading to be done in a manner to control erosion and siltation <br />of the affected lands, to protect areas outside of the affected land from slides and other <br />damage. <br />16. Comments relating to details of pit dewatering activities and focililies. <br />Details of the pit dewatering activities and facilities, including erosion control at the <br />dewatering pipe outlet, were provided in the amended application sufficient to satisfy the <br />requirements of the Act and Rules. <br />17. Comments addressing adverse impact to Cottonwood trees. <br />The application indicates that nearby Cottonwood trees should not be adversely impacted <br />by the proposed excavation and seasonal dewatering activities. <br />18. Comments indicating adverse impacts to nearby wetland areas. <br />In these proceeding, DMG authority is limited to enforcement of the Act and Rules. The <br />Act and Rules do not specifically address protection of wetlands. Wetland issues are <br />typically covered under the Clean Water Act. The U.S. Army Corps of Engineers is the <br />enforcement authority for the Clean Water Act. Please direct comments regarding the <br />Clean Water Act to the U.S. Army Corps of Engineers, Western Colorado Regulatory <br />Office, 402 Rood Avenue, Room 142, Grand Junction, CO 81501-2563, to the attention <br />of Mr. Nick Mezei. <br />19. App/ication states that they are only applying for astorm-water permit when <br />in fact they are required to apply for a process water permit from CDPHE. <br />The amended application indicates that discharge of process water and pit dewatering will <br />be appropriately permitted through the storm water discharge permit issued by the Water <br />Quality Control Division with CDPHE. The application demonstrates compliance with the <br />requirements of Rule 3.1.6 and 6.4.7(5). <br />20. The surface wafer management plan does not provide detailed information <br />on water qua/ity regulotions and does not describe how the mining operation will <br />comp/y wish these regulotions. <br />The Act and Rules require that an applicant affirmatively state that the appropriate <br />discharge permit will be acquired from the appropriate permitting agency. The Act and <br />Rules do not require that the application provide detailed information on water quality <br />regulations or describe how the applicant will comply with permits issued from other <br />permitting agencies. The application satisfies the requirements of Rule 3.1.6 and 6.4.7. <br />9 <br />