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HomeMy WebLinkAbout20013507 • • �` ti Epviropept, n LARRY E. O'BRIAN 7985 VANCE DRIVE, SUITE 205A FOUNDER ARVADA,COLORADO 80003 303-423-7297 FAX 303-423-7599 April 5, 2001 Clerk to the Board Weld County Commissioners Office :7_r 915 10th Street, 3rd Floor Greeley, Colorado 81003 Re: Application for a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you here with the final adequacy review response packet for the S & H Mine to be operated by Platte Sand & Gravel LLC . This copy of the adequacy review packet is deliv- ered to you pursuant to 34-32 .5-112 (9 ) (a) , Colorado Revised Statutes 1995, as amended. This packet must be kept with the original book, for public review until the permit has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of this packet by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. This will be submitted to the Division of Minerals and Geology to prove this packet was delivered to your office. Yours truly, ENVIRONMENT, INC. Stevan L. O'Brian enclosure RECEIVED THIS DAY OF , 2001, one copy of an D.M.G. Adequacy review packet for above mine. Weld County Clerk to the Board By r�1%C /e 9706/-35)7 j_'7_ / �i� s • Epvirouwent, Ipc. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 206A FOUNDER ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 April 4, 2001 Ms. Erica Crosby Division of Minerals and Geology 1313 Sherman St. , #215 Denver, CO 80215 Dear Erica; RE: Platte Sand & Gravel LLC S&H Mine, Permit # M-2000-158 Platte Sand & Gravel LLC (PS&G) has asked me to respond to the additional questions in your April 3, 2001 letter and the addi- tional items Mr. Schreiner and Mr. Sorenson have asked. I will respond in the order presented for each part of the letter. 1 . PS&G's attorney expects to have the waiver from the Mutual Ditch Company later today or tomorrow. I will make sure you get a copy as soon as it is available. 2 . The processing facilities would only be placed in the areas shown as mining ,areas on Map Exhibit C-1 - Mining Plan Map. Platte Sand & Gravel LLC understands the requirement of a revision if the processing plant were moved to a "not dis- turbed" area. The original response was due to a misunderstanding on what you needed. I concur that if, there are permanent plant foundations etc. in the plant site that they would have to be in the bond calculation. After discussing this with PS&G it was determined that only portable plants would be on the site until yearly volumes reach a point where permanent facilities need to be built. These plants can be moved readily and no permanent foundations would be built until a bond reevaluation was complete. The three plants involved are capable of being moved using semis' and what usually amounts to 3 loads per plant. For a portable asphalt plant this consists of: The plant, the bulk storage tank, and supporting facilities . For the portable •ENVIRONMENT, INC. • PAGE 2 APRIL 4, 2001 concrete plant they are very much the same; the plant, con- crete silo and supporting facilities. The processing plant again being portable, would have a screen deck, a crusher, and conveyors that would use a total of 4 trucks . The plants and material storage units all have axles so they can be towed. The support facilities and conveyor would have to be placed on trailers . There would be no footings, floors or permanent slabs until the facility becomes fixed units . The processing plant area will not discharge any thing that would affect the surface or ground water quality except dirty water. This water will be directed to the silt pond and contained on the mining area. No special protection is necessary for the processing plant. Once the exact location for the asphalt and concrete plants is know, the area under each site will be excavated to create a shallow depression. A double layer of 6-mil vapor barrier will be used as a liner in each depression. Then 4 inches of clean sand will be laid over the barrier and roadbase material will cap the site. A small containment berm will be placed around each plant site to keep anything from leaving that particular site. The size of the berm will be engineered to contain the amount of liquid products stored in each plant site area. There will be ade- quate sand to absorb spills that may occur around each plant site. Any contaminated material will be disposed of properly and current BMP's will be used at all times for these opera- tions. 3 . The only improvements to existing roads that would be used as internal haul routes would be to grade and gravel them. Good gravel roads are compatible with the intended final reclama- tion use of recreation and wildlife habitat. Our primary haul route is the new road show on the Mining Plan Map. The south- ern 2, 600 feet of the new road would have to be down sized if your assessment were valid, but since this is an extension of Weld County Road 23 it will be the best access into the site when reclamation is complete. The landowners do not want it narrowed or downsized and I have attached a notarized letter from Krystal Hoffschneider to that effect. Therefore, no additional work on the roads would be necessary if the Divi- sion had to reclaim the site. This section of the main haul road was inadvertently left off the Reclamation Plan Map. If you will make your copies available, I will add this road to them. The oil companies have not specified how deep the oil lines are at this time. They have admitted that no "as built" plans exist for the lines, so it will be necessary to located each line prior to mining in an area. This will also be necessary along the haul route from Sharkeys' Lake to the south side of Highland Lake. I assume they are below the normal frost level which would place them 24 to 36 inches deep. The agreements with the pipeline companies will address this issue and PS&G ENVIRONMENT, INC. • . PAGE 3 APRIL 4, 2007 will do whatever is necessary to satisfy them. PS&G will commit to not crossing buried gaslines or using roads with gaslines under them as haul routes until a copy of the signed working agreements are submitted to the Division. In leu of the working agreements PS&G may opt to submit crossing and road designs showing how the gaslines will be protected for approval. Nothing in this proposal prevents the landowners, or oil companies from using or improving roads for their use if needed. 4 . I respectfully agree to disagree. However, PS&G will apply to the Division if lining ever becomes an option. The inclusion of the term "inert material" in the permit was to protect the operator from enforcement action in the future if any inert material were ever delivered to the site. The plan does not include backfilling slopes with inert material at this time and PS&G understands that a permit revision may be necessary if that change is proposed in the future. 5 . Thanks for point this out. To restate the proposed plan only 1 acres will be dewater in each lake area to facilitate the dredges ' placement. This is consistent with the Leonard Rice study. PS&G understands any changes to the approved dewatering plan would have to be submitted as a revision. 6 . The only inert material that would be used in the pit slopes under the proposed plan would be concrete in sizes larger than a basketball. An exact explanation is shown in the last paragraph of page 12 in the application. This material would be placed as bank armoring at the water line or as fish habi- tat below the water line. On any material placed above the water line the courser material would be in the lower layers and finer material from basketball size to finer base material would be placed in the next layer. The inert material would then be covered with a minimum of 12 inches of growth medium. The definition of inert material is very specific as to what it can be. PS&G does not plan to make this site an inert material depository, large scale recycling facility or land- fill and plans to accept only material from their operations. Each load will be inspected at the scale house as it comes into the mine area and if it does not meet the definition on our notarized affidavit it will be rejected and not allowed on the site. If the load passes the scale house inspection, it will be inspected again after it is dumped and prior to using it for reclamation. Any material that does not meet the definition of "inert material" will be segregated and removed to an acceptable offsite depository. Placement under wet mining conditions is fairly easy, one simply dumps it along the lake and it is dozed into the lake. It will settle to the bottom. The dredge would then be used to pump finer material over it until the prescribed slopes are • ENVIRONMENT, INC. • PAGE 4 APRIL 4, 2007 reached. Remember PS&G plans to create the slopes as mining progresses to keep the amount of baokfilling neeessary to a minimum. Only the actual working face would need sloping as explained in Exhibit S so the inert material would be placed before the dredge shaped the slope. In the case of bank armoring the material would be placed after sloping is com- plete. Since dewatering of large areas is not allowed at this time it would not be practical to build slopes with the inert material. 7 . I respectfully disagree with your statement that the soils report indicates there is 12" of topsoil on the site. The information presented by Mr. Norman Wells in his letter did not name a specific topsoil depth for the mine site. The supporting data sheets he provided are general soil descrip- tions for the entire county and are not site specific . The soils depth, from site specific observations, was stated on page 12 paragraph 4 of the application and in part states ". . . average salvageable soil depth is 4 to 6 inches . . . " . This was a stated average intended to indicate there where areas with more and less topsoil. For example, most of the circle area in Sharkey's Lake, the Bluffs Lake and the High- lands Lake areas contain little or no topsoil material . The application then noted: "Never-the-less, what soils can be salvaged will be stockpiled in perimeter areas and used in resoiling when final grading is completed. There appears to be more than adequate soils to meet the demand. " As noted in response #6 above, any resoiling to be done on areas where inert material is used as fill will have a minimum of 12 of topsoil placed over a base layer of finer materials . On slopes that do not contain inert material, PS&G will place an average of 6 inches as described in the application. 8 . All ditches that are to be mined thru and are internal to the site and do not serve adjacent property owners . 9 . I understand this statement and refer you to the discussion in my letter of March 30, 2001 addressing this point. 10 . Attached is a large scale version of this map for your file. There was a mistake in the legend that appeared to show the cross hatched area as you describe. When the map was prepared the background information was toned down so they did not clash with the wetland delineation being shown on the map. The legend was toned down inadvertently when printed and this is corrected on the attached map. I have enclosed, copies of two letters from Mr. Tim Carry of the US Army Corps of Engi- neers clarifying 404 permitting requirement in the first 15 to 20 year of the mine life and addressing the new road location, for the file . The key statement to your request for placing 404 permitting requirements in the permit is "If the reclamation plan re- ENVIRONMENT, INC. • • PAGE 5 APRIL 4, 2001 quires replacement of wetlands. The proposed reclama- tion plan does not incorporate replacing wetlands at this time since there are no wetland areas in the places where mining will take place over the first 20 plus years. Replacement wetlands, under 404 rules, are not a reclamation project, but are rather a mitigation and reconstruction requirement of a 404 permit. PS&G will follow the jurisdictional agency's rules when and if they remove wetland areas . M.L.R.B. Rules and Regulations do not cover wetland removal methods and mitiga- tion nor can the Division enforce another agency' s rules. As I understand it, the Division can only advise an operator that they have to comply with another agency's rules and if they fail to comply, then the Division can take action against them for not complying. But in this case, if PS&G is in compliance with 404 requirements, then the M.L.R.B. has no jurisdiction to require PS&G to include wetland mitigation projects in the reclamation plan. 11 . Responses to their comments follow this text. 12 . So noted. I will review your number when we receive them. Memo From Tom Schreiner: 1 . The excavation limits are shown as cross hatched areas on the revised copy of the Mining Plan Map. Due to the scale neces- sary for the map any dimensions would be so small as to be unreadable. The setbacks can be scaled from these maps since they vary and the written text supports or qualifies what the map shows . Placing product, topsoil and overburden (none on this site) locations on this map would at best be a guess and could only be done at the time shown on the map. PS&G has committed to stockpiling topsoil around the perimeter of the mined area within 500 feet of where it is needed. In most cases PS&G will be stripping and resoiling at the same time to avoid moving material twice. In this case, only the topsoil pile adjacent to the Plant site would exist. I request that this requirement be waved since it has been adequately ad- dressed in the application and this text. 8. Platte Sand & Gravel LLC is requesting that the recommendation to minimize impacts during dewatering from the Leonard Rice Consultants letter be incorporated in the mining and reclama- tion plans. PS&G will commit to following the recommendations as the mine develops. Specifically, mining in each dewatering area will begin in early summer so that aquifer dewatering is complete prior to the next irrigation season. Mining in each lake area will be done as far from off site wells as possible and as close to the river as practical for the lake area development. PS&G understands the requirement to submit an additional hydrologic assessment if changes to the dewater plan are necessary. They understand that the Division will determine the permit modification method upon reviewing the • • ENVIRONMENT, INC. PAGE 6 APRIL 4, 2001 submittal and advises PS&G as to whether the revision should be an amendment or a technical revision. 9 . I am still waiting for this information from Kris Pickett of Pickett Engineering and will respond to this request under separate cover as soon as I have the information. 12 . I disagree with this statement. As noted in my response to 10 above, the proposed reclamation plan does not incorporate replacing wetlands at this time since any wetlands that occur around the lake areas will be created voluntarily. Replacing wetlands under 404 rules are not reclamation projects, but is rather a mitigation and reconstruction requirement in a 404 permit. PS&G will follow the jurisdictional agency's rules when and if they remove wetland areas . M.L.R.B. Rules and Regulations do not cover wetland removal methods and mitiga- tion nor can the Division enforce another agency's rules . As I understand it, the Division can only advise an operator that they have to comply with another agency's rules and if they fail to comply, then the Division can take action against them for not complying. But in this case, if PS&G is in compliance with 404 requirements, then the M.L.R.B. has no jurisdiction to require PS&G to include wetland mitigation projects in the reclamation plan. Memo from Alan Sorenson I just received Alans' items and will respond to his memo under separate cover when I address Tom's concerns for item #9 . I hope these responses address the items to your satisfaction. A copy of this response will be placed with the Weld County Clerk of the Board as required. If you have any questions please call me. Sincerely, Environment, Inc Stevan L. O'Brian President cc Weld County Clerk Platte Sand & Gravel LLC file Epviroet,• • I c. LARRY E.O'BRIAN 7985 VANCE DRIVE, SUITE 205A FOUNDER ARVADA, COLORADO 80003 303-423-7297 FAX 303-423-7599 April 5, 2001 Ms. Erica Crosby Division of Minerals and Geology 1313 Sherman St. , #215 Denver, CO 8O215 Dear Erica; RE: Platte Sand & Gravel LLC S&H Mine, Permit # M-2OOO-158 Platte Sand & Gravel LLC (PS&G) has asked me to respond to the additional items Mr. Schreiner and Mr. Sorenson have asked answers for. I will respond in the order presented for each part of their memos and the additional information we discussed today. Memo from Tom Schreiner 9 . Today (4/5/01 ) my discussion with Mr. Schreiner centered on what type of information he needed and the reasoning behind the request. PS&G is making the following commitment to give their engineers time to do a thorough analysis and develop a plan that would be acceptable to the Division. PS&G will commit to not mining in the floodplain until a floodplain analysis and mitigation plan is developed and submitted to the Division for review and approval. This analysis may be complete prior to the Mined Land Reclamation Board hearing on April 25-26 . I will submit this as soon as it is available. Memo from Alan Sorenson Response 25 : PS&G will commit to not constructing lateral berms or leave one within 400 feet of the top of the riverbank unless the Division has approved a design for protection on the lateral berms . The operator will file a lateral berm protection plan with the Division prior to constructing a berm within 400 feet of the river if it becomes necessary. Response 26 : PS&G will commit to not mining within 4OO feet of the top of the riverbank until an armoring and bank stabilization design has been submitted to the Division and approved. The •ENVIRONMKNT, INC. - • PAGE Z APRIL 5, 200 7 operator will file a bank stabilization plan with the Divi- eion prior to mining within 400 feet of the river. other: Tom Schreiner and I discussed the 404 permit issue, and he explained the Divisions concerns and reasoning on why the staff made this request. We arrived at a reasonable compro- mise so: PS&G will commit to submitting copies of any 404 permit wetland mitigation applications made to the US Army Crops of Engineers, to the Division, so the Division can determine what course of action will be needed regarding the reclamation permit. Attached is a copy of the Weld County Clerks placement receipt for our March 30, 2001 adequacy response packet. Clarification for items #6 on 4/4/01 response The size of inert material that will be delivered to the site is classified as minus 3 foot.. As part of the inspec- tion plan, each load will be documented at the scale house to keep track of the type and quantity of inert material accepted and how is . was disposed. These records will be maintained in our corporate offices . I hope these responses address the items to your satisfac- tion. A copy of this response will, be placed with the Weld County Clerk of the Board as required. If you have any questions please call me. Sincerely, Environment, Inc Stevan L. O'Brian President cc Weld County Clerk Platte Sand & Gravel LLC file • • APP. 2.2001 1:28F'M DPa. 11IIIERRLS&GE0L0GY 8".371 P. 1'5 STATE OF COLORADO DIVISION OF MINERALS AND GEOID of Department of Natural ResoUsopges 1313 Sherman Si.,Room 215 post-It Fax Note 7071 Pet• appea► - P•nver,Colored0 00203 '1 m, 1p,,, Prom P I V 1 b 1 O N o F' Phone:(303)866.3567 0 �71'1b.V� tQ� MINERALS FAX:(303)832-8106 1 Co./De IiJ( _ .t/Pt Co. Dyt/1 & Phone o II PIMna N 2tov^.k , qqq GEOLOGY yy�yFax q�,� {�I� RECLAMATION April3, 2001 e,IN ^lia3- 67:71 FaxH 'bIi'J-e63; -�l`-1 MINING-SAFETY Gill Owens Rocky Hoffschneider Governor Platte Sand& Gravel LLC Crob E.Walther P.U. BOX 180 Executive Director Littleton,CO 80106 Michael M s on Dire for RE; Platte Sand& Gravel LLC,File No.M-2000-158 S&H Mine 112 New Permit Application Adequacy Review#2 Dear Mr.Hoffschneider, The Division received your adequacy response to the Division's February 22, 2001 letter regarding the new permit application for the S & H Mine,File No, M-2000-158. The Division has a number of remaining items that need to be addressed prior to approval of the application. 1. The applicant provided copies of the return receipt cards for adjoining owner nd easement holders of record. Western Mutual Ditch was identified as an adjacent landowner on Map Exhi it C, but a return receipt card was not submitted. Please submit the return receipt card for Western Mutual Ditch. If the applicant failed to notify the ditch company,they must do so and allow a 20-day comment period. If Western Mutual Ditch opts to waive their right to the 20-day comment period, a letter stating this fact would be acceptable. Please be aware that the letter and signature must be notarized. 2. The applicant contends that moving the processing facilities throughout the permit area does not need to be addressed as a revision to the permit. The Division agrees with this statement so long as the processing facility is moved within the designated affected land. If the processing facilities are moved into lands that are designated as"not disturbed,"then a revision to the permit will be necessary. The applicant also states that the cost to remove the facilities do not need to placed in the bond calculation since they will be allowed under the county permit and would be removed as an asset if mining ended prematurely. The Division is required to estimate a cost to reclaim the site to the proposed postmining laud use of recreation and wildlife habitat. Such facilities are to be removed to achieve the reclamation plan. The definition of affected land includes "...structures, facilities, equipment, machines, tools or other materials or property which result from or are used in such operations are situated." Regardless of other permits issued by the County, State or Federal Agencies, it is the Division's jurisdiction to hold a reclamation bond in the amount necessary to reclaim the site in the event of permit revocation and bond forfeiture (C.R.S. 34-32.5- 117). In order for the Division to calculate the cost to remove such facilities, the application will need to provide additional information on each of the structures; • Length,width and height • Composition of the facility(concrete,steel, wood,etc...) • cIPR. 3.2001 1:29Pt1 DIV IIItIERRLS&GEOLOGY H0.371 P.2!5 • Dimension and composition of any and all floors and footings In addition, the operator will need to specify a plan to ensure surface water and groundwater will not be impacted from operations at the Plant Site. 3. The applicant states that on site roads will not he improved unless used as a haul routes, and most of the roads will remain when mining ends to allow access to oil well facilities on the site. Please specify the increase in width of the existing roads. In addition, the improved roads and new roads will need to he downsized to achieve the purpose of the postmining land use of recreation and wildlife habitat, The applicant will need to specify the width of the improved road, the width of the road proposed for reclamation, and the overall length of the roads to be improved and reclaimed. This will be taken into account in the reclamation cost estimate. Please also specify how roads will be improved to ensure that the oil production lines will be protected from use of haul truck and truck traffic. Please specify the depth of oil line below the ground surface and the thickness of road base material to be placed on the roads. 4. The applicant states that if PS&G chooses to seal one of the lakes, fill it with water they purchase/own and use it for recreation it does not change the final reclamation plan. Lakes that are lined either by shiny wall or compacted clay liners for the purpose of storing water does change the end land use to developed water resources. Such change would require an amendment to the permit. Please also be aware that backfilling with inert material and lack of compacted pit slopes may require a greater off set distance for the location of the slurrywall or the need of additional compaction of the backfilled pit. All of these issues will need to be addressed through the amendment process. 5. The applicant states that the area of dewatering will be limited to 5-acres or less in each lake area as far from the permit boundary a possible. The report prepared by LEONARD RICE CONSULTING WATER ENGINEERS, INC. evaluates the potential impacts to nearby wells in terms of lowered water levels resulting from the dewatering of 1-acre pit sites for dredge construction. The operator clarified this discrepancy by letter on March 30, 2001. In addition, the applicant states that LEONARD RICE CONSULTING WATER ENGINEERS, INC. is also working on a long term plan that may involve building and/or installing a water recharge ditch/lake up gradient from the dewatered area that would act as a recharge barrier and allow dewatering on larger areas in the mine. This report will need to be submitted as a revision to the permit. In fact, any dewatering area larger than one acre in size will need to be approved by the Division in the form of a revision to the permit. 6. The applicant provided additional information regarding inert materials that may be hauled into the site and used to reclaim the pit slopes. The Division will need some additional information on the importation of inert fill; • Please specify the size and gradation of the material to be placed in the pit. • The cover material and depth to be placed over the inert material (6" replacement depth as stated in application is not acceptable). • On site controls,monitoring and recording methods to Insure that the material is indeed inert material. In addition, the placement of the inert material using heavy equipment does not seem feasible if the area is to be wet mined. Please specify how the inert material will be placed as backfilled material under the current mining conditions to achieve the reclaimed slopes of 2h:Iv and 3h:lv 10 feet below and 5 feet above the expected water line. 2 • • • APR. 3.2001 1:30Ft1 DIV/MIAERALSgGEOLOGY 110.371 P. 3 7. The applicant rejects the recommendations of the NRCS regarding seeding and mulching. The Divisior is aware that limited topsoil exists on the site,but the soil study included in the application indicates that 12" of material can be salvaged from the permit area and used on the reclaimed slopes. This becomes relevant where slopes are backfilled with inert material containing a mixture of dirt, rocks, concrete and asphalt. A more suitable rooting depth than 6" should be applied. Please commit to a 12" topsoil replacement depth on backfilled and graded slopes above the expected groundwater level. 8. Please clarify to the Division that all ditches that are to be mined through are internal to the property and do not serve an adjacent property owner or infringe on others water rights. 9. The applicant has removed "wildlife habitat" as one of the postmining land used for the site, As per our conversation on March 28, 2001, if the applicant chooses to do this the landowners will need to be renotitied and the notice will need to be republished in the paper. All time frames will begin anew. Correspondence dated March 30, 2001 left"wildlife habitat"as a postmining land use. 10. The applicant provided at Wetlands Map in the submittal dated March 26, 2001. It is difficult to determine the wetland areas as noted on the legend. According to the legend, Sharkey's Lake and portions of the South Platte River are deemed wetlands. The legend does not denote the crosshatched areas of the map that extend along the majority of the South Platte River. Please clarify. The applicant states that the Division has no jurisdiction over wetlands, and states that it is not practical to incorporate a 404 permit requirements in the Reclamation Plan. As stated above, it is the Division's jurisdiction to ensure that the site is bonded to achieve the final reclamation of the site. If the reclamation plan requires replacement of wetlands,as dictated by the U.S. Army Corps of Engineers, then it needs to he included in the cost estimate. In order to estimate a cost for wetland reestablishment,the wetland mitigation plan must be included in the permit. 11. Enclosed, please find additional questions and comments from Tom Schreiner and Allen Sorenson with the Division. Please respond to the questions accordingly. 12. The Division is in the process of finalizing the reclamation cost estimate. Once the estimate is complete, the applicant will be notified under separate cover. The Division's decision due date was extended by the applicant to April 6, 2001, Please respond to these concerns prior to this date. If you have any questions,please do not hesitate to call me at 303-866-4943. Sincere y, caaro), Erica Crosby Environmental Protection Specialist Enclosure(s) cc: Carl Mount;DMO Stevan O'Brian; Environment,Inc. w/enclosure Marty Block;Xcel Energy w/enclosure Michael Decker w/enclosure 3 • • APR. 3.2001 1:31PH DIV/IiII IEPALC3 GE0Lor;y H0.371 F.4 STATE OF COLORADO DIVISION or MINERALS AND GEOLOGY -- Depanment of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 n 1 v l S l O r Phone:(303)866-3567 FAX:(3031032-8106 MINER GEOLO Date : April 3, 2001 RECLAMA1 t11h11NG•sA To : Erica Crosby, Carl Mount Bill Omni' � Governor From : Torn Schreiner '//�" Greg E.l‘alrhr.r EAeauli Director Michael e.tong Divicinn Dirrrinr RE: S & H Mine 112 Application, Platte Sand & Gravel LLC, File No, M-2000-I58 2nd Hydrologic Adequacy Review I have reviewed the objector's March 9, 2001 comments and the applicant's March 27, 2001 adequacy review comments. The items listed below are outstanding hydrologic concerns that will require either clarification or additional information from the applicant. I recommend that these concerns be resolved to the satisfaction of the Division prior to a recommendation of approval, 6.4.3 EXHIBIT C -Pre-Minim & Minima Plan Map(s) o[Affected Lands 1. In conformance with Rule 6.4.3(d), the Division requests that the mine plan map be revised to show the limits of excavation (if other than the affected.land boundary) and the proposed setbacks from the South Platte River and the Western Mutual Ditch. In addition, the approximate location and orientation of any product, overburden, or topsoil stockpiles (if located in areas away from the processing area) should also be noted. Please address, . 6.4.7 EXHIBIT G - Water Information S. The applicant has provided a hydrologic analysis (prepared by Leonard Rice Consulting Water Engineers, Inc.) including a predicted cone of depression for 1-acre areas to be dewatered and dry mined during the life of the operation. The hydrologic assessment indicates that there will be minimal impacts to offsite wells located within 600 feet of the affected land. The hydrologic assessment also provides specific reconunendations for the applicant which will help ensure minimization of possible impacts to other ground water users. The Division agrees with the dewatering results predicted by LRCWE and the recommendations for minimization of possible impacts, Accordingly, the Division will be in favor of approval of this application provided the applicant will commit to or incorporate the parameters of the LRCWE analysis into their mining • and reclamation plan. Also, the Division requests that the applicant clarify whether they will • • S APR. 3.2001 1 c 31PI1 ['I'V.'I tItIEPnLS¢GEnL n HO.?-1 P incorporate the recommendations for minimizing impacts during dewatering into their mining and reclamation plan. Finally, in the event that the applicant wishes to dewater areas larger than 1-acre and/or deeper than 25 feet below the ground surface, the Division will require a modification to the permit which includes a hydrologic assessment of the potential impacts and mitigation measures to be employed, as necessary. The Division will evaluate (at the time of submittal) whether the permit modification should be processed as a technical revision or a permit amendment. 9. Due to the close proximity of the S & H Mine to the South Platte River and the length of time projected for mining and reclamation (100+years), it is likely that disturbed areas within the permit area will experience a significant flood event several or more times throughout the life of mine. Accordingly, the Division requests that the applicant clarify the flood elevation and peak flow velocity expected a "worst case" flooding event and specific measures that the operator will implement to minimize the potential for any offsite impacts. Mitigation measures might include mining dry pit slopes at a maximum of 1:1, installation of flood control spillways within the reclaimed lakes, installation of drainage pipes within the internal berms separating pits and/or reclaimed lakes, armoring internal berms separating pits and/or reclaimed lakes, or armoring reclaimed pit slopes in close proximity to the South Platte River with erosion control riprap. Please address. 6.4.13 EXHIBIT M • Other Permits & Licenses 12. In the event that a 404 or other permit is required by the Army Corps of Engineers (either now or in the future), the Division requests that the applicant review the terms and conditions of the permit. If such terms and conditions require wetlands mitigation, wetlands construction, or wetlands enhancement within the permit boundary for M-2000-158, then the plans and costs for such mitigation, construction, or enhancement will need to be incorporated into the reclamation plan. This may be accomplished via a technical revision to the mining and reclamation permit, Please comment, '� � - oat-IN Fax Note 7671 Date Ito From .. m cmin., Co. nano. one O Phone A + _I/ • 3-0 FeyN �+ ,"i Fax tl _�L� 43-0 r. To: Erica Crosby From:Allen Sorenson !� CC: Carl Mount, Tom Schreiner Date: 04/04/01 Re: Adequacy Responses, S&H Mine, Platte Valley Sand & Gravel, File No, M-2000-158 I have reviewed responses numbered 25-27 and 38 in the Applicant's letter and attachments dated March 26, 2001. The Applicant's response number 38 satisfies the Division's concern with mining setbacks to structures including gas lines and wells. Response number 27, relating to the alignment of temporary overburden and topsoil stockpiles, is also satisfactory. Additional clarification or commitments related to responses numbered 25 and 26 will be required for the Division to recommend approval of the application. Response no. 25: The Division was not concerned that the operation of the pit will increase floodwater surface elevations in the floodway and floodplain, and agrees with the Applicant's analysis that potential floodwater elevations will actually decrease as the pit is mined out. The Division's concern is with the potential for the high velocity flows of the main stem of the river to he diverted through the pits because of floodwaters down cutting the land separating the pits from the river and land separating the pits from each other. Land that separates the pits from the river, whether that land is built up through placement of fill or is simply native, in situ ground that is left intact, is referred to as a "riverside berm." Riverside berms are further discussed below. Ground that is left intact or built up using fill between pits, and generally athwart of the anticipated direction of potential flood flows, are called "lateral berms." The Applicant states that there will be no placement of fill in the construction of lateral berms, However, the berms comprised of native material left in place between pits are similarly subject to differential head and down cuffing during a flood. This can lead to a number of potential problems including sequential, progressive failure of lateral berms in a downstream direction, temporary or permanent diversion of the main stem through down cut channels in failed riverside and lateral berms and through the pits so linked, and damage to the pipelines that are carried in the berms. If any lateral berms am to be left within 400 feet of the top of the bank of the river, the Applicant must install structures to equalize hydraulic head on • Page 1 • • either side of the berms during a flood, or provide a demonstration that anticipated differential head will not cause down cutting. The structures to be installed may be designed based on site specific conditions determined through the floodplain analysis currently being conducted, or may be Installed In accordance with the general designs and specifications included in the "Technical Review Guidelines for Gravel Mining Activities," Urban Drainage and Flood Control District, December 1987. (The Division recognizes that the proposed S&H Pit is outside of the District, but that does not invalidate the technical aspects of the guidance). In either case, a stipulation or commitment should be included in the permit that lateral berms will not be constructed or left in the mined or reclaimed area unless they are at least 400 feet from the top of the riverbank or unless the Division has approved a design for stabilization and collected appropriate bond to assure that stabilization measures will be completed. Response no. 26: The Division supports the Applicant's commitment to maintain a 400 foot mining setback from the top of the riverbank in all areas were armoring of the riverside berm is not in place or will not be installed. The Division further concurs with the Applicant that mining within 250 feet of the riverbank can proceed with appropriate armoring of the riverside bank of the berm, and within 150 feet where appropriate armoring of both the riverside and pitside banks of the berm is installed. However, the application remains ambiguous as to the nature of the armoring to be Installed. A stipulation or commitment should be included in the permit that riverside berms will not be constructed or left in the mined or reclaimed area unless they are at least 400 feet wide (from the top of the riverbank to the top of the pit bank) or unless the Division hes approved a design tor armoring and collected appropriate bond to assure that stabilization measures will be completed. Again, the Urban Drainage and Flood Control guidance includes general designs and specifications for riverside berm stabilization that would be acceptable to the Division. m.'nin\acs\s&H MInv2.doc i4 • Pa e 2 9 • • File contains oversized map See Original File Hello