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However, the application for the 112 permit indicates that future excavation activities will remain <br />above the water table and will not expose additional ground water. Therefore, discharge of pit <br />drainage and/or processing water to waters of the USA are not anticipated. Additionally, the <br />existing pit area exhibits internal drainage and the Applicant has committed to detain storm water <br />with berms and/or treat storm water drainage with silt fence prior to leaving the site. <br />In response to the issues raised by the Southern Ute Indian Tribe the Applicant has committed to <br />obtaining a storm water permit through the EPA and has stated, "If process water is determined <br />to be required Skanska will obtain a discharge permit through the Colorado Department of Public <br />Health and Environment, Water Quality Control Division." <br />Pursuant to Rule 6.4.13, the application must identify other permits, licenses and approvals the <br />Operator/Applicant holds or will be seeking in order to conduct the proposed mining and <br />reclamation operation. The Applicant has satisfied the requirement of Rule 6.4.13. <br />Pursuant to Rule 6.4.7(5), the Operator/Applicant shall affirmatively state that the <br />Operator/Applicant has acquired (or has applied for) a National Pollutant Discharge Elimination <br />System (NPDES) permit from the Water Quality Control Division at the Colorado Department of <br />Health, if necessary. The Applicant has satisfied the requirement of Rule 6.4.7(5). <br />2. First, let me say that I am not opposed to a gravel operation at this location. <br />My concern is primarily on water rights and water quality on the La Plata River. <br />(Mr. Harry Goff) <br />As noted above, on March 24, 2009, the Division provided notice of the 112 application to the <br />Department of Natural Resources, Division of Water Resources. The Division of Water <br />Resources has responded that the exposed ground water at the existing pond has been <br />addressed and that future mining will not expose additional ground water or impact any surface <br />water rights. Therefore, the Applicant has satisfied the requirement of Rule 3.1.6(1)(a), which <br />requires that the proposed operation comply with Colorado water laws and regulations governing <br />injury to existing water rights. <br />As noted above, the Applicant has committed to obtaining a storm water discharge permit through <br />the EPA and has committed to obtaining a Colorado Discharge Permit System permit through the <br />Water Quality Control Division, if necessary. Therefore, the Applicant has satisfied the <br />requirement of Rule 3.1.6(1)(b), which requires that the proposed operation comply with <br />applicable federal and Colorado water quality laws and regulations. <br />Attachment: Correspondence from the Applicant, dated June 5, 2009 and received by the <br />Division on June 11, 2009; <br />Correspondence from the Applicant, dated June 5, 2009 and received by the <br />Division on June 8, 2009; and <br />Correspondence from the Applicant, dated May 28, 2009 and received by the <br />Division on June 2, 2009.