2010-07-22_REVISION - P2008043 - Laserfiche WebLink

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STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources &?A 1313 Sherman St., Room 215 it Denver, Colorado 80203 O L E R A D O A D DIVISION OF Phone: (303) 866-3567 RECLAMATION FAX: (303) 832-8106 MINING SAFETY DATE: July 22, 2010 Bill Ritter, Jr. Governor TO: Mike King, Executive Director, DNR ? Mike King Executive Director FROM: Allen Sorenson 11y6? / / Loretta E. Pineda RE: Updated Brief on Powertech's modifications MD-02, MD-03, Director and MD-04 to Prospecting Notice of Intent No. P-2008-043 Powertech (USA) Inc. filed modification MD-02 to their Prospecting Notice P-2008-043 on March 4, 2009. MD- 02 had proposed a surface infiltration/evaporation pit for disposal of water to be produced during an aquifer pump test. State Representative Randy Fischer expressed interest in modification MD-02, and then Director Ron Cattany committed the Division of Reclamation, Mining, and Safety (DRMS) to keep Representative Fischer advised of the status of MD-02. On September 2, 2009, MD-02 was withdrawn from consideration by Powertech and modification MD-03 was submitted. MD-03 proposed temporary surface storage in tanks followed by underground injection of ground water pumped from a monitoring well for the purpose of aquifer testing. On September 16, 2009, DRMS advised Representative Fischer of these developments via memorandum sent by both regular and email, also asking that he notify DRMS if he wanted continued updates on MD-03. DRMS did not hear back from Representative Fischer following the issuance of the September 16, 2009 memo. A copy of that memo is enclosed. DBMS has not, as of this date, issued authorization to proceed under MD-03. Powertech must post $63,670.00 reclamation bond to gain DRMS authorization. Powertech must also obtain an Underground Injection Control Permit from the U.S. Environmental Protection Agency (EPA) to proceed with the MD-03 activities; DRMS and EPA have coordinated our respective reviews of Powertech's underground injection proposal. As of this date, the EPA permit has not been issued. Powertech (USA) Inc. filed modification MD-04 to their Prospecting Notice P-2008-043 on June 23, 2010. MD- 04 was for the laying of 1500 feet of two inch polyethylene tubing from the pump test well to a headwaters tributary of Spring Creek, located northwest of Nunn in Weld County. The tubing is to be used to transport water produced during pump testing to the creek where it will be discharged in conformance with Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board, Rule 3.1.6(1)(a and b), which states: (1) Hydrology and Water Quality: Disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity or quality of water in surface and groundwater systems both during and after the mining operation and during reclamation shall be minimized by measures, including, but not limited to: (a) compliance with applicable Colorado water laws and regulations governing injury to existing water rights; (b) compliance with applicable federal and Colorado water quality laws and regulations, including statewide water quality standards and site-specific classifications and standards adopted by the Water Quality Control Commission. Aquifer pump testing for purposes other than mineral prospecting and mining is a commonplace activity in Colorado, nationwide, and globally. In Colorado, the State Board of Examiners of Water Well Construction and Pump Installation Contractors and the Office of the State Engineer are the primary regulatory authority over the construction of wells used for pump testing, the conduct of the pump tests, and the eventual plugging and Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines