PERMFILE124855

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 11/21/2005
• Doc Name: Master List: Exhibits 1-209 Exhibits 15-19
• From: City of Black Hawk
• To: DMG
• Media Type: D
• Archive: No

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 July 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 riot to submitting its application fora 1 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 112 permit so that the 112
permit is not effective until the Applicant has actually obtained a valid CDPS permit.
4. Proposed condition: The Applicant shall, prior to initiation of quarrying activities,
obtain a gravel pit well permit or other well permit as applicable, from the Offce 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 and/or 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, and 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.
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