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Division of Water Resources of the Office of the State Engineer. The Division of <br />Water Resources did not indicate that the Application and proposed mine operation <br />presented any conflict with existing Colorado water laws. <br />11. The Applicant is adequately protecting surface water quality as <br />demonstrated by the Applicant's pursuit of a National Pollutant Discharge <br />Elimination System permit from the Water Quality Control Division of the Colorado <br />Department of Public Health and Environment. <br />12. The Applicant is adequately protecting ground water quality. Two <br />diesel fuel tanks will be located at the site, one with a 10,000 gallon capacity and <br />one with a 3,000 gallon capacity. Each fuel tank will be elevated and placed within <br />a spill containment structure sized at 110% capacity of the tank. The Applicant has <br />affirmatively stated that it will post a Spill Prevention Control and Countermeasure <br />Plan at the mine office and that employees will be trained in inspections and rapid <br />spill response. <br />13. The Applicant is adequately protecting wildlife and wildlife habitat. <br />On March 1, 2013 and April 22, 2013, the Division provided notice of the <br />Application to Colorado Parks and Wildlife. The Division provided notice of the <br />Application to the U.S. Fish and Wildlife Service on April 22, 2013. Neither <br />Colorado Parks and Wildlife or the U.S. Fish and Wildlife Service indicated that the <br />proposed mine operation conflicts with any state or federal law. The wildlife <br />agencies made several recommendations. The Applicant adequately addressed the <br />wildlife agencies' recommendations. At the hearing the Applicant committed to <br />adding Wyoming or Big sagebrush seed to the approved seed mix to further enhance <br />the wildlife post mine land use for ungulents and sage grouse. <br />14. The proposed mining and processing operations will not disrupt or <br />otherwise impact Gunnison sage grouse. Gunnison sage grouse is not currently listed <br />as an endangered species by the U.S. Environmental Protection Agency. Further, <br />while Gunnison sage grouse historically were reported in the vicinity of the proposed <br />site, such reports were not on Moonlight Mesa but on a nearby mesa, and there have <br />been no sightings of Gunnison sage grouse in the area in approximately ten years. <br />15. The Applicant attempted to attain signed damage compensation <br />agreements for structures located within two hundred feet of the affected land <br />boundary. Only two owners of the structures within the two hundred feet of the <br />boundary executed a damage compensation agreement. Therefore, the Applicant <br />provided an appropriate engineering evaluation which demonstrated that no <br />structure located within 200 feet of the affected lands would be damaged by the <br />proposed operation. <br />Rocky Mountain Aggregate & Construction, LLC <br />Uncompahgre Pit/M- 2013 -007 3 <br />