PERMFILE135272

• Permit No: M2005065
• IBM Index Class Name: Permit File
• Doc Date: 11/10/2005
• Doc Name: Extended Decision Date for a Complex 110c Application
• From: DMG
• To: Charles Ponchak
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman S[., Room 215
Denver. Colorado 80203
Phone: [phone]
FAX: [phone]
November 10, 2005
Charles Ponchak
Geological Consultant
15292 6950 Road J
Montrose, CO 81401 t!//
RE: Extended Decision Date for a Comp el x 110c Application,
Upper Animas Sand and Gravel; File No. M-2005-065:,
Dear Mr. Ponchak:
COLORADO
DIVISION O F
M[NE~RALS
GEOLOGY
0.E CLA MATZO N•MI NING
SAfETY•SUEN<E
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
On October 11, 2005, DMG found the above referenced application complete for the purposes of filing.
Pursuant to Rule 1.4.6(1), the decision date was set for November 10, 2005. The public comment period
for the application closed on November 7, 2005. During the comment period, DMG received an objection
to the application from the Animas River Stakeholders Group (ARSG) and informal comments from the
Bureau of Land Management (BLM). Copy of the objection from ARSG and comments from BLM are
enclosed.
The proposed excavation site appears to be a lateral gravel bar located within flood prone areas along
the southeast bank of the Animas River. According to the application, the proposed excavation activity
will not approach the low water channel closer than 50 feet. However, several high water channels
appear to pass through the proposed excavation site. The 50-foot buffer separating the excavation area
from the low water channel is void of substantial vegetative cover and is composed of easily eroded
alluvial materials. The application indicates that excavation activities will expose groundwater and that
excavation will extend well below the elevation of the low water channel. Given the proximity of the
proposed activity to the Animas River, potential for adverse impact to the stability of the river channel
appears to exist.
Additionally, as noted by ARSG and BLM, the proposed activity has the potential to encounter metal
laden historic mill tailings. Given the proximity of the proposed activity to fhe Animas River and potential
to encounter mill tailings below the water table, potential for adverse impact to the quality of water in
surface and groundwater systems appears to exist.
Therefore, DMG considers the application to be a complex application, as defined by Rule 1.1(10), and
pursuant to Rule 1.4.1(7) the decision date has been extended 60 days to January 9, 2006.
Adequacy issues for the application will follow under separate mailing.
Sincere}y
Wallace H. Erickson
Environmental Protection Specialist
Enclosure: Certificate of Service
cc: Harry Posey
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