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A. ISSUES WITHIN THE JUSRISDICTION OF THE DIVISION AND BOARD <br />1. Rule 3.1.9(1) Topsoiling <br />The following objectors raised concerns about the erosion of stockpiles: <br />• Ron Baker - The gravel and overburden stockpiles are a concern. Dust blowing <br />from these during wind storms is an issue as well as the material being blown to <br />adjacent properties and roadways. <br />• Plumb Irrigation Company - Stockpiles of mined material should not be placed <br />near the Plumb Ditch to prevent wind and or water erosion to deposit the material <br />into the Plumb Ditch. <br />Division Response <br />The questions raised by the above comments are related to Rule 3.1.9(1) which states that if <br />topsoil stockpiles are not replaced on backfill areas within a time short enough to avoid <br />deterioration of the topsoil, vegetative cover or other means shall be employed so that the <br />topsoil is protected from erosion. In addition, Rule 3.1.9(3) requires that the topsoil <br />stockpiles are stored in places and configurations to minimize erosion and located in areas <br />where disturbance by ongoing operations will be minimized. <br />The Applicant has committed to seeding the topsoil stockpiles with a fast growing <br />vegetative cover if the stockpile remains more than one growing season. The <br />concerns regarding fugitive dust from the stockpiles are regulated by the Colorado <br />Department of Public Health and Environment (CDPHE). The applicant has indicated <br />that a permit will be obtained from CDPHE related to air quality at the site. <br />The Division is satisfied that the above concerns have been addressed and that <br />erosion and disturbance of the stockpiles will be minimized. <br />2. Rule 3.1.10(6) Revegetation <br />The following objectors raised concerns about the spread of noxious weeds: <br />• Ron Baker - In their application, Journey Ventures states there will be no livestock <br />on this property. They do have a reclamation plan, but this does not address weed <br />control prior to mining. JC York told me they would control weeds either <br />mechanically or by spraying. The property directly East of this proposed mining site <br />was dried up several years ago, and the water is being used for augmentation. The <br />owners have tried both methods of weed control, and still there is an abundance of <br />weeds yearly. <br />• Plumb Irrigation Company - The Plumb Ditch Company has concerns regarding the <br />control of vegetation and noxious weeds on the property. Current land use is cattle- <br />horse grazing which keeps the vegetation controlled. Removal of the grass will <br />promote annual vegetative growth that without control will become a problem for <br />the ditch company. The application mentions periodic mowing, however the Ditch <br />Company would like to have the ability to require the permit holder to control the <br />2