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Operator does not own the water rights related to the augmentation plan at the site, the Operator <br />does have a signed agreement between the owner of the water rights and itself committing to <br />supply the necessary water for the augmentation plan. Additionally, while the Office of the State <br />Engineer, in its response to the notice of the proposed amendment, stated that the Applicant has <br />submitted a new application with the water court; it also states that the operation currently <br />possesses a valid well permit. <br />Division Comment <br />The Division believes that the applicant is in compliance relative to the issue raise by these <br />comments. <br />4. Rule 3.1.7 - Reclamation Performance Standards <br />• The original comment letter states that there are concerns related to whether the operation will <br />affect the water quality of the unclassified groundwater near the site. <br />Division of Reclamation, Mining, and Safety (DRMS) Responses <br />The questions raised by the above comment are related to Rule 3.1.7(c) of the Construction <br />Materials Rules and Regulations, requiring the Operator to protect the existing and reasonably <br />potential future uses of groundwater not classified by the WQCC. The Operation uses standardized <br />extraction techniques related to aggregate removal that are not known to compromise the quality of <br />groundwater near these sites. Additionally, the operation takes precautions with hazardous <br />materials on site to prevent groundwater contamination in the event of a leak or spill. The <br />operation also possesses a NPDES permit and is therefore subjected to the monitoring and <br />regulations affiliated with the discharge permit. <br />Division Comment <br />The Division believes that the applicant is in compliance with the issue raise by these comments. <br />5. Rule 6.4.5(2)(d) - Reclamation Plan <br />• The original comment letter states that there does not appear to be any provisions for removal <br />and stockpiling of topsoil at the site. <br />Division of Reclamation, Mining, and Safety (DRMS) Responses <br />The questions raised by the above comment are related to Rule 6.4.5(2)(d) of the Construction <br />Materials Rules and Regulations, requiring the Operator to submit plans for topsoil segregation, <br />preservation, and replacement. The application materials submitted with the amendment <br />application states, in the Mining Plan, "Topsoil and overburden, to the extent they are present, will <br />be renloved with either a front-end loader or earthmover (scraper)." Further, the submitted <br />Reclamation Plan states, "Separate topsoil and overburden stockpiles are shown on Exhibit F of the <br />amendment. The available topsoil will be placed such that it will be preserved and kept organically <br />viable." <br />3