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Division of Reclamation, Mining, and Safety (DRMS) Responses <br />The questions raised by the above comment are related to Rule 3.1.7 of the Construction Materials <br />Rules and Regulations, requiring the Operator to protect the existing and reasonably potential future <br />uses of groundwater not classified by the WQCC. The Operation will use standardized extraction <br />techniques related to aggregate removal that are not known to compromise the quality of groundwater <br />near these sites. Additionally, the operator has committed to installing a total of three monitoring wells <br />and will monitor the water levels twice a month for 4-6 months during the baseline monitoring period <br />and once a month during active de-watering at the proposed pit. Trigger points for implementation of <br />mitigation measures for the domestic wells during active pit dewatering have been set at a water level <br />drop of at least eight feet below the seasonal low water level elevations in the monitoring wells or if a <br />well user complains of a lack of water in their well. <br />Division Comment <br />The Division believes that the applicant is in compliance with the issue raised by these comments. <br />2. Rule 3.1.6(1) - Water General Requirements <br />The original comment letter states that there is concern for the protection of the Deep Cut Ditch <br />from water loss and pollutants. <br />Division of Reclamation, Mining, and Safety (DRMS) Responses <br />The questions raised by the above comment are related to Rule 3.1.6(1) of the Construction Materials <br />Rules and Regulations, requiring the Operator to minimize disturbances to the prevailing hydrologic <br />balance of the affected land and the surrounding area around to the quality and quantity of water in <br />surface and groundwater systems both during and after the mining operation and during reclamation. <br />With respect to pollutants as noted in the previous section the Operation will use standardized <br />extraction techniques related to aggregate removal that are not known to compromise the quality of <br />groundwater near these sites. The operator will also be required to obtain a discharge permit from the <br />Colorado Water Quality Control Division and these permits require spill prevention and control and <br />counter measure (SPCC) plan which will address spill containment. The original application planned to <br />use Deep Cut Ditch as a means of transport for de-watering activities; this is no longer the case. Water <br />from de-watering will be pumped into a sediment pond and then transferred to a Moffat county <br />drainage ditch north of Highway 394 via a 24" culvert. Bore holes were drilled along the north edge of <br />the Deep Cut Ditch and it was determined that a deep loam material underlies the Deep Cut Ditch. This <br />finding is consistent with the NRCS Soil Survey. A letter was received from the president of the Deep <br />Cut Ditch stating that there is sufficient clay under the ditch to protect the ditch from seepage during <br />the de-watering of the proposed Lyster Gravel Pit. Also, Lyster Oil Company has agreed to not mine <br />within 200 feet of the Deep Cut Ditch. <br />Division Comment <br />The Division believes that the applicant has adequately addressed the issue raised by these comments. <br />2