2012-01-23_APPLICATION CORRESPONDENCE - C2010088 (3)

Home Browse Search

that a finding of no historic properties affected is appropriate, based on the negative results of the second cultural resource inventory within the additional 10 -acre parcel located south of the original permit area. The Colorado Division of Water Resources, Office of the State Engineer (SEO) responded to the application notification in a letter to the Division dated October 28, 2010. The SEO identified several concerns with the proposed project. First, if the area becomes over appropriated, the storage of surface water in sediment ponds would be subject to administration. The SEO recommended that a water court decree be obtained to affirm the priority of the storage of storm water. Second, if any of the sediment ponds expose groundwater, the pond must be backfilled immediately until a well permit issued pursuant to CRS 37 -90- 137(2), allowing the exposure of groundwater in a pit is obtained from the State Engineer. Third, the SEO stated that they had no records of permits for the existing monitoring wells on site. As stated in the SEO's letter, if these wells were completed without a valid monitoring hole notice or well permit the applicant needs to take immediate action to plug or permit the wells. Last, the SEO noted that the applicant states that portions of the site may affect current surface water diversions. If at any point the applicant's operations will affect surface diversions they should consult with the local water commissioner to assure no injury to water rights occur. CAM provided the following responses to each of the SEO concerns in their adequacy response letter dated April 11, 2011. Based on the new hydrology design, using BMP's instead of relying solely on sediment ponds, the first two concerns of the SEO are no longer applicable for the majority of the site. There will be two new ponds as shown on Map -16 of the application, and CAM will not expose groundwater, nor will long term storage of stormwater runoff be of concern as the pond will be dewatered as outlined in Section 2.05.3(4). The ponds will be dewatered once the water level is above the maximum sediment level, and/or 48 hours after a precipitation event. The well permit applications have been submitted to the SEO. The Division forwarded CAM's response to the SEO in a letter dated June 6, 2011 and also spoke with an SEO representative regarding the proposed project in a telephone conversation on that same day. All issues were resolved and the SEO provided no further comment. In a letter to the Division dated November 25, 2010 the Colorado Division of Wildlife (CDOW) provided comments primarily pertaining to the Wildlife and Sensitive Plant Studies contained in the application. CDOW stated that the wildlife occurrence data related to terrestrial wildlife was well done and that the conclusions regarding the current state of the vegetative community are accurate. However, they also stated that the aquatic portions of the reports should be updated to include more detail on species occurrence and abundance, along with anticipated impacts related to water quality. CDOW indicated that they believe a bridge design for Reed Wash that includes a designed catchment structure to prevent spill material from entering the wash is essential. CDOW requested that CAM prepare a Spill Prevention Plan and recommended that CAM incorporate recognized Best Management Practices at the loadout site during construction to further ensure protection of Reed Wash. CDOW's comment letter was forwarded to CAM on November 30, 2010. In CAM's response dated April 11, 2011 they revised and resubmitted Exhibit 10 Wildlife and Sensitive Plant Studies. The Division forwarded the revised Exhibit 10 to CDOW in a letter dated June 3, 2011 and requested that CDOW provide any additional comments within 30 days from the date of that letter. No additional comments were received from CDOW. CDOW attended a site visit to the Fruita Loadout project site on August 1, 2011. Subsequent correspondence following the site visit occurred between the between the Division