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1-19. Acceptable responses to all of these items were provided. Items Resolved. <br />20. Regarding Permanent Impoundment Demonstrations Appendix 20-1.2, SCC has adequately <br />addressed all of our concerns except water rights required by Rule 4.05.9(13)(d). Pond 012 <br />was removed from the permanent pond request (however the pond is still delineated on the <br />Post-Mining Topography Map, Exhibit 20-2). For Pond 010, SCC has a conditional water right <br />Case No. 95 CW 72, Water Division No. 6. On July 31, 2008 SCC applied for an absolute <br />water right on this pond. The permit application will need to be updated to include the water <br />right decree upon issuance. For Ponds 013 and 014 SCC does not have water rights. <br />For all three permanent pond requests (010, 013, and 014) appropriate application materials <br />will need to be submitted to the Office of the State Engineer for their approval as permanent <br />structures. All impoundments that are intended to be retained as permanent postmining <br />features shall comply with applicable State Engineer rules and regulations. Under the State <br />Engineers rules a permit is required but water rights are not required for Livestock Water Tanks <br />or Erosion Control Dams, which maybe applicable to Ponds 013 and 014. State Engineer and <br />DRMS approval shall be obtained before Phase 1 bond release can occur for the structures. <br />On 6/13/08, Mike Boulay of DRMS spoke with Craig Lis of the Office of the State Engineer <br />regarding the Yoast Mine Permanent pond requests. Mr. Lis indicated that SCC had a couple <br />of options as follows. He recommends that SCC submit a Notice of Intent to Construct a Non- <br />Jurisdictional Water Impoundment Structure (even though it is already constructed legally <br />under our jurisdiction), or file for permits for a Livestock Water Tank or Erosion Control Dam. <br />The water rights issues for Ponds 010, 013, and 014 will need to be resolved before the <br />Division can approve them as permanent. This will require SCC to contact the State Engineers <br />Office and comply with their requirements. Our understanding is that SCC has been in contact <br />with the local Division of Water Resources office in Steamboat Springs and is working toward <br />obtaining the proper approval of these structures in accordance with applicable State Engineer <br />requirements. <br />We have two specific requests, <br />a) Please revise Post-Mining Topography Map Exhibit 20-2 to remove Pond 012 (no <br />longer proposed as permanent) and provide appropriately revised topography for the <br />current pond location. <br />b) Please provide a narrative commitment for inclusion in the permit application, stating <br />the following: <br />Documentation of State Engineer approval of Ponds 010, 013, and 014 as permanent <br />impoundments, along with documentation that any necessary water rights have been <br />obtained, will be provided to the Division within an appropriate revision application, <br />prior to submittal of a Phase 1 bond release application for the structures. <br />21- 22. Acceptable responses were provided for these items. Items Resolved. <br />23. In our original comment to SCC, we stated that under the capacity discussion for the Stockpond <br />ST-1 permanent demonstration, SCC indicates that "since the capacity is under the 2 ac. ft. <br />2