2008-04-25_REVISION - M1988112 - Laserfiche WebLink

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Preliminary Adequacy Issues 4 April 25, 2008 AM-03, M-1988-112 in the West Pit storage ponds, and that monitoring and reporting procedures be established to verify the water quality periodically and prior to being released to the irrigation pipeline. Pursuant to Rule 3.1.5(10), all mined material to be disposed of within the affected area, must be handled in such a manner so as to prevent any unauthorized release of pollutants to the surface drainage system. The proposed irrigation waters are untreated drainage from the backfilled West Pit and are subject to the requirements of Rule 3.1.5(10). Under the existing permit, the Operator satisfied Rule 3.1.5(10) by processing the West Pit drainage through the water treatment plant in accordance with the CDPS permit prior to release. As noted by the objecting parties, through AM-03 the Applicant proposes to release the untreated West Pit water in close proximity to the Rito Seco and seven irrigation ditches, which include the Salazar Ditch, Espinoza Ditch, Acequia Chiquita, San-Luis People's Ditch, Montez Ditch, Allen Ditch and the San Acacio Ditch. Pursuant to WQCC's Regulation 36, 5 CCR 1002-36, Classification and Numeric Standards of Rio Grande River Basin, the segment of the Rito Seco proximal to the irrigation fields, segment 28, has been classified for Aquatic Life Cold 1, Recreation 1, Water Supply and Agriculture. Please ensure that AM-03 demonstrates that no untreated West Pit water will overflow from the irrigation fields or escape from the supply pipeline and enter waters of the State, as required by Rule 3.1.5(10). Pursuant to Rules 6.4.20(11) and 6.4.20(12), please ensure that AM-03 includes a surface water quality monitoring plan, with baseline conditions established, sufficient to verify compliance with Rule 3.1.6(1)(b) for the section of Rito Seco adjacent to and downstream of the proposed irrigation activity. Clearly, the proposed plan to trade the known condition of perpetual water treatment for the unknown condition of perpetual water management for irrigation purposes, poses significant potential for impact to the surface and ground water quality. At this time, the Division considers such plans to be tenuous. The Division recommends that AM-03 be revised to reflect the experimental nature of the proposal and demonstrate how the water treatment plant will be maintained for immediate reactivation. Pursuant to Rule 3.1.7(8), an Operator shall demonstrate, to the satisfaction of the Office, that reclamation has been achieved so that existing and future uses of ground water are protected. Under the current scenario of perpetual water treatment the requirement of Rule 3.1.7(8) is satisfied through the CDPS permit. Under the current scenario of perpetual water treatment in accordance with the CDPS permit, it appears possible for the Operator to achieve completion of reclamation, release of warranties and termination of the DRMS permit. However; in the absence of the CDPS permit, or other permit that protects existing and future uses of ground, water, there appears little possibility for the Operator to achieve completion of reclamation and termination of the DRMS permit. Please ensure that AM-03 addresses the requirements of Rule 3.1.7(8). Adequacy Issues Specific to Section 34-32-102 C.R.S. and Rules 3.1.8 and 6.4.8 According to Appendix E of the application, the alfalfa crop derived from the proposed irrigation activity will provide safe forage for domestic livestock and wild ungulates. Appendix E claims to support it's conclusions with conservative assumptions and mathematical calculations.- However, as noted in the attached staff memo from Mr. Sorenson, the mathematical