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applicant should stay 5 feet above the seasonal high groundwater elevation unless it <br />can be demonstrated the mining will not intercept groundwater at a lesser depth. <br />Rule 6.4.13 Exhibit M- Other Permits & Licenses <br />14. Please be aware that a CDPS Stormwater permit and an NPDES permit may be <br />required for this site. If stormwater runoff is intercepted by this operation and is not <br />diverted or captured in priority, it must be released to the stream system within 72 <br />hours. This may require a dischazge permit from CDPHE-WQCD. Otherwise, the <br />operator will need to make replacements for evaporation. <br />Rule 6.5 Geotechnical Stability Exhibit <br />15. Please review the enclosed Geotechnical Stability Exhibit Memorandum from Allen <br />C. Sorenson to Deb E. Zack (titled Quarry Wall Stability, Larsen Colorado, L.L.C., <br />Byzantine Quarry, File No. M-2007-01 ~. According to the recommendations of our <br />engineer, the Division shall be provided "a geotechnical section into the annual <br />reclamation report providing updated geotechnical observations and measurements <br />and associated recommendations for quarry development to provide a safe highwall <br />during operations and a long term stable highwall at the time of reclamation." The <br />Operator must also prepare "a blasting report for each shot" that must be retained by <br />the Operator for at least three years, and be available for inspection by the DRMS on <br />demand. Please provide written affirmation of these requirements to the Division. <br />As stated in the Office of the State Engineer's (OSE) response letter (enclosed) to the Division, <br />"exposure of ground water must not occur during or after mining operations. If stormwater is <br />contained on-site, it must infiltrate into the ground or be released to the natural stream system <br />within 72 hours, or all work must cease until a substitute water supply plan, or augmentation plan <br />approved by water court, is obtained. Reclamation plans must ensure water will not be retained <br />onsite for more than 72 hours unless an augmentation plan approved by water court is obtained." <br />In addition, OSE states that "there aze several wells in the, on, or neaz the property described by <br />the applicant. These wells cannot be used to supply water to the mine for any purposes including <br />dust suppression. If the applicant desires to use any of these wells for the mine, the wells must be <br />re-permitted for use in the mine. Water for dust suppression must be obtained from a legal source <br />such as a municipality." Please contact the State Engineer's Office with any questions about the <br />aforementioned conditions. <br />Please be advised that Rule 1.8.1 states that changes and additions to the permit application must <br />be filed with the Division and the County Clerk and Recorder. The applicant must also provide <br />the Division with an affidavit or receipt demonstrating that the change or addition was filed with <br />the County Clerk and Recorder no later than the close of business on the day the change was <br />filed with the Division. <br />If you feel more time is needed to complete your reply, the Division can grant an extension to the <br />decision date. This will be done upon receipt of a written waiver of your right to a decision by <br />June 22, 2007 and request for additional time. This must be received no later than the deadline <br />date. <br />3 <br />