2009-06-15_PERMIT FILE - M2009023

• Permit No: M2009023
• IBM Index Class Name: PERMIT FILE
• Doc Date: 6/15/2009
• Doc Name: Recommendation to approve 112c application
• From: DRMS
• To: Various
• Email Name: WHE
• Media Type: D
• Archive: No

Issues Raised by the Objecting Parties
Issues raised by the objecting parties are represented by italicized bold print. The Division's
response to the objection issues follows in standard print.
Herein, all references to the Act and Rules refer to the Colorado Mined Land Reclamation Act for
the Extraction of Construction Materials, 34-32.5-101 et seg., C.R.S. (the Act), and to the Mineral
Rules and Regulations of the Colorado Mined Land Reclamation Board for thE, Extraction of
Construction Materials (the Rules). Copy of the current Act and Rules are available on the
Division's web site at www.mining.state.co.us.
1. The Southern Ute Indian Tribe's Environmental Programs Division notes that
a National Pollution Discharge Elimination System permit be obtained from the EPA
and that a storm water plan be included. Second, that the EPA and Army Corps of
Engineers be consulted regarding "water of the USA" and the potential for pollution
of the streams and wetlands in the area and whether or not a USEPA Discharge
Permit is required. (Mr. Mathew J. Box, Chairman, Southern Ute Indian Tribe)
On March 24, 2009, the Division provided notice of the 112 application to the following agencies:
• Board of Supervisors, La Plata Conservation District;
• Colorado Department of Public Health and Environment, Air Pollution Control Division;
• Colorado Department of Public Health and Environment, Water Quality Control Division;
• Colorado Division of Wildlife, Southwest Regional Wildlife Manager;
• Department of Natural Resources, Division of Water Resources;
• Department of Natural Resources, State Board of Land Commissioners;
• La Plata County Planning Department, Planning Director;
• La Plata County Commissioners;
• Office Archeology & Historical Preservation, Colorado Historical Society; and
• US Army Corps of Engineers, Durango Regulatory Field Office.
Therefore, the US Army Corps of Engineers and the Water Quality Control Division of the CDPHE
were consulted. The Division did not receive response from the US Army Corps of Engineers or
from the Water Quality Control Division of the CDPHE.
The US Army Corps of Engineers were involved with the review of the original 111 permit and the
original permit was modified to address wetland issues. As noted above, the boundary of
affected lands for the new 112 application is unchanged from the 111 permit and no new ground
will be affected. Operations conducted under the proposed 112 permit are not expected to
impact wetlands in addition to those previously addressed by the US Army Corps of Engineers.
The Applicant has clarified that the complete file for the original 111 operation is included in the
new 112 application. Therefore, requirements placed on the original 111 operation by the US
Army Corps of Engineers are included in the proposed 112 operation.
The mining activity conducted under the original 111 permit extended below the, water table and
exposed ground water, resulting in the approximate five acre pond that currently exists.
2