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<br />-2- <br /> <br />Issues the Division Believes Are Within the.iurisdiction of the Division and Board <br />The applicant proposes to be able [o pump the water back directly into the nearby Arkansas River. A unique <br />theory considering the water table in the area is within 24 to 36 inches from the top of the ground. Exhibit <br />C- Mining Plan and Exhibit G -Water Information <br />Response - The operator proposes a wet mining sand and gravel operation. The pit will not be <br />dewatered. No water will be pumped to the Arkansas River. <br />2. The reputation of the applicant has been questioned as to their lack of responsibility in the past for cleaning <br />up fuel spills and how that could affect the local and migrating wildlife and quality of water in the area <br />down river. Exhibit C -Mining Plan, Exhibit G -Water Information, and Exhibit H -Wildlife Information <br />Response - The applicant does not plan to store fuel on-site. The risk of a fuel spill is limited to fuel <br />in equipment fuel tanks. This risk is insignificant. <br />The Colorado Division of Wildlife (DOW) reviewed the application and provided <br />comments on it. The DOW had no concern regarding fuel spill potential. <br />Issues the Division Believes Are not Within the Jurisdiction of the Division and Board <br />The standing water created will greatly add to the extensive mosquito problem <br />Response -This issue is within the jurisdiction of local government agencies and/or the Colorado <br />Department of Public Health and Environment. <br />2. Colorado State Highway 194 is the route their trucks will have to use, as it is the only thoroughfare <br />available from their proposed location. The highway is already over crowded. <br />Response -This is a local government issue and also comes under the responsibility of the Colorado <br />Depaztment of Transportation. <br />3. The lack of thought that has gone into choosing this location, and the inherent danger to the <br />surrounding residences on the part of the applicants needed to be brought to your attention. <br />Response -The Division believes this issue was intended to relate to the issues listed above for which <br />responses have been written. Otherwise, the location of a mining operation would be subject to local <br />zoning and land use decisions. <br />All Rite Paving and Redi-Mix's application and adequacy responses for the North River Pit Permit Application, <br />have adequately satisfied the requirements of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materials C.R.S. 34-32.5-]01 et. seq. and the Construction Materials Regulations. <br />M.b~s~prtonVerry~m99.o07.rnioiuk.Wo dx <br />