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McStone Aggregates LLC to DRMS, Response to comment letters 19 May 2008 Page 3 <br />account in our design and planning of the operations, and have designed the operations in a <br />way that will protect them. 95% of our operations are located downstream of the ponds, and <br />will therefore have no potential for discharge into the ponds or the ability to impact existing <br />flows into the ponds. That portion of the operations (approximately 5 acres, mining year 9) <br />which does have the potential for discharge into the ponds has been designed to prevent the <br />discharge of any water into the ponds, or impact existing water flow into the ponds. As <br />addressed in Exhibit S, the design of the excavations and reclamation takes into account the <br />need to protect the ponds. Based on our operations and those of other gravel mining <br />operations in Montezuma County, we have found that wildlife is not seriously affected by <br />properly-conducted mining operations nearby. In many operations, wildlife use of the actual <br />area of operations continues even while mining is on-going. <br />We hope that this assists in the review and processing of our permit. <br />Submitted by: <br />CASEY Mc ELLAN, M SAGER, McSTONE AGGREGATES