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Memorandum to Corey Hoffmann November 14, 2005 • Page 5 approach is consistent with the DMG regulation (Rule 6.4.7(5)) that requires an operator to apply for a discharge permit when `necessary'." (Emphasis added.) Rule 6.4.7(5) was misquoted by the Applicant above. Rule 6.4.7(5) actually states; "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 Colorado Department of Health, if necessary." (Emphasis added) In this case, it is clear that a CDPS (a.k.a. "NPDES") permit is necessary. The Permits Unit of the Water Quality Control Division (WQCD), in its Ju]y 28, 2005, letter to the Division, stated that minimally, the operation would require a CDPS storm water permit, and may also require a CDPS process water discharge permit. The Applicant appears to have misinterpreted this rule as allowing it to apply for a CDPS permit 30 days prior to starting operations, rather than at this time, as the Rule actually requires. A commitment to apply for a permit at a later date clearly does not meet the requirement that the Applicant must have applied for or obtained such a permit rp 'or to submitting its application fora ] 12 reclamation permit. The Applicant states in its September 14, 2005, Response to 3`d Adequacy Review that it "will provide written demonstration of an approved CDPS discharge permit prior to any offsite discharge and prior to the initiation of any blasting and quarry activities at the MMRR Quarry." We believe it is important to condition the ] ]2 permit so that the I ]2 permit is not effective until the Applicant has actually obtained a valid CDPS permit. 4. Prouosed condition: The Applicant shall, prior to initiation of quarrying activities, obtain a gravel pit well permit or other well permit as applicable, from the Office of the State Engineer, as required by the State Engineer's September 15, 2005, Response to Reclamation Permit Application Consideration, and shall comply with all other conditions set forth in said State Engineer's September 15, 2005, Response. The Applicant shall comply with all water rights statutes and regulations, including but not limited to C.R.S. § 37-92-101, et seq. Any groundwater exposed during mining operations shall not be used for mining operations except through an approved Substitute Water Supply Plan or decreed augmentation plan. Water conveyed from the property via drainage shall not be used for mining operations except through an approved Substitute Water Supply Plan or decreed augmentation plan. Any stormwater intercepted as a result of mining operations shall be released within 72 hours, or the Applicant shall obtain an approved Substitute Water Supply Plan or decreed augmentation plan. Prior to the use of any water for dust suppression andlor reclamation/revegetation purposes, the Applicant shall identify the source of the water and shall provide documentation that the water was obtained from a legal source, or the water was diverted in priority under a water right decreed for such industrial use, attd submit such information to the Division with a copy to the Office of the State Engineer. Board Jurisdiction: Rule 3.1.6(1)(a) requires that disturbances to the prevailing hydrologic balance and to the quantity of water in surface and ground water systems be minimized by measures including, but not limited to, compliance with applicable LEONARD RICE ENGINEERS INC. 2000 CLAY STREET. SUITE 900, DENVER, COLORADO 802 i i-51 1 9 • PHONE (303) 4559589 • Fnx (3031 45501 1 5