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Memorandum to Corey Hoffmann November 14, 2005 Page 4 Sup-porting Information: As noted in our previous comments, the Applicant (Clear Creek District Water Providers, LLC) has been quoted in the local press referring to the ultimate future use of this quarry site as a wafer storage unit. Although wildlife is designated as the post-mining land use on the application currently under consideration, we are concerned that the Applicant is planning to request a change of the end use to water storage at some later date. As noted in our previous comments (see May 25, 2005, comment letter, incorporated by reference), the presence of a water storage reservoir on this site may adversely impact Black Hawk's water rights. Also, as noted above, certain post-mining uses will require permits and/or approvals from Gilpin County. We are very concerned that without the proposed condition, Division staff could allow such a change to be accomplished through a Technical Revision, with significantly less public notice and public comment opportunities than if it were processed as a Permit Amendment. We therefore believe it is important to require that 1} any change in the post-mining use be submitted as a Permit Amendment; and 2) the Board commit to conferring with the Board of County Commissioners prior to approving any change to the post-mining land use. 3. Proposed condition: The Applicant shall apply for a Colorado Discharge Permit System (CDPS) permit from the Colorado Department of Public Health and Environment {CDPHE), and the 112 permit shall not become effective until after the Applicant has • received a valid CDPS permit from CDPHE. The Applicant shall comply with all terms and conditions of the CDPS permit, including any amendments or modifications that may occur during the life of the 112 reclamation permit. Board Jurisdiction: Rule 6.1.2 requires that 110, 110(6) Limited Impact, and 112 Reclamation Permit operations "shall provide all the Exhibits, as described in Sections 6.3 and 6.4, as applicable to the type of operation." Section 6.4 encompasses the specific exhibit requirements for 112 reclamation operations. Specifically, Section 6.4.7(5), as part of Exhibit G -Water Information, requires the following: "The Operator/Applicant shall affirmatively state that the Operator/Applicant has acquired (or has applied for) a National Pollutant Discharge Elimination System (NPDES) permit from the Water Quality Control Division at the Catorado Department of Health, if necessary." (Emphasis added.) Grounds for denial of this permit application by the Board include whether "the application is incomplete." C.R.S. § 34-32.5-115(4)(a). Supporting Information: In its August 19, 2005, Response to 2"d Adequacy Review comments, the Applicant responded to this requirement as follows: "The Applicant is aware of the relevant regulations and commits to applying for a CDPS permit when necessary." As noted by the Applicant, state regulations require application at least 30 days prior to commencement of a discharge for a CDPS general permit and 180 days prior to discharge for an individual permit. CDPHE, in its July 28, 2005, letter to the Division, stated that the facility at a minimum would require a stormwater permit, the application for which should be submitted 180 days prior to commencement of mining. The Applicant further states that it "believes it is prudent to obtain an approved site plan • prior to submitting for a CDPS permit." The Applicant further claims that "This LEONARD RICE ENGINEERS. INC. 2000 CLAY STREET, SUITE 300. DENVER. COLORA00 8021 1-57 1 9 • PHONE (303) 455-9589 • Fnx (303) 45501 1 5