Permitting
Permitting is one of our core specialties and Lewicki and Associates is proud to be a preferred permitting consultant with the Colorado Division of Reclamation, Mining and Safety (DRMS). While most consulting companies focus on one area of permitting, our team is experienced with all permits required to open and operate a mining or industrial site in the State of Colorado. Early in our company’s tenure, we permitted the first significant new underground uranium mine in Colorado under the new domestic market obligation regulations on federal land. We also permitted the only gravel pit in Pitkin County (Aspen) Colorado, as well as the first significant new metal mine and mill that includes fresh mine tailing embankments in Colorado.
Our history of successful permitting has allowed us to build a strong reputation with various regulatory agencies. We adhere to all regulations required by state and local governments such that our clients can successfully and quickly begin their mining or construction operations. Our engineering experience has allowed us to visualize how individual aspects of a plan fit together from the beginning to result in accurate site costs and financial evaluations.
● Gravel Well Permits – Permits are required to allow gravel pits to expose groundwater through their operations during and after mining. It is important to note that Gravel well permits do not grant water rights; rather they only give permission to expose groundwater. Gravel well permits pertain to any pond which exposes groundwater and are not exclusive to gravel pits alone.
● Substitute Water Supply Plans (SWSP) – SWSPs are more widely required for mining operations and other projects that expose groundwater. Due to the complex water system and water rights in the Western United States and Colorado, projects must account for all water that is consumed in over-appropriated water systems. A SWSP can be gained quickly within one calendar year and is generally approved for a renewable 2-5-year period. If a longer water right is required or a permanent water surface is left during reclamation of a project site, an Augmentation Plan is required to cover the permanent losses to the water system unless the excavation is lined.
● Water Augmentation Plans – While SWSPs, as described above, are approved for only 2-5 year periods, Augmentation Plans are permanent decrees that allow a project to expose, utilize, and evaporate groundwater. Depending on the situation and available water, sometimes the project operator must enter a contract with local reservoirs to permanently account for water consumed in their operation. Augmentation Plans generally take a longer period to obtain and require time spent in Water Court; therefore, it is suggested that operators obtain SWSPs prior to Augmentation Plans to begin groundwater exposing projects in a timely manner.
● Spill Prevention Control and Countermeasure (SPCC) Plans – An SPCC Plan is required for any operation that uses and stores petroleum products. As part of a permit application bundle, a site specific SPCC is prepared. This plan includes spill prevention designs as well as guidance on courses of action in the event of a spill. It also includes requirements for record-keeping and plan maintenance.
● Planned Unit Developments – Planned Unit Developments must be filed with county governments to allow for property owners and developers to change use and zoning, typically for residential and commercial sites. Plans typically include utility and infrastructure layout of the zoned area proposed and includes: grading plans, road designs, hydrologic structures, visual impacts, septic plans, soils, compatibility, density levels, lot layouts, survey monuments, impact fees, and any County or local jurisdiction required items.
● Bureau of Land Management (BLM) Plan of Operations – BLM permits are required for all mining operations on federal land. Federal lands include United States Forest Service (USFS), National Forest, and BLM managed properties and lands. These actions can involve minor actions for small disturbances to major Environmental Assessments (EA) or Environmental Impact Statements (EIS) for large or sensitive projects. A notable Lewicki and Associates success includes securing a Plan of Operations approval for a new underground uranium mine in Colorado, which included contaminated water treatment from the mine.
Our team also conducts compliance audits for clients seeking to improve or inventory their assets or purchase and enlarge their operations with existing sites. Audits include inspections to ensure that all state, federal, and county permits are in compliance and that operations are conforming with MSHA/OSHA regulations; write-up and synthesis of discovered corrective actions; and tentative costs to bring a site into full compliance. We provide detailed reports on asset status and corrective measures that our clients can use to help solve present issues.
The permits we specialize in are:
● State Mining Permits for construction materials, coal, dimension stone and precious metals – Detailed and thorough permits that include mining and reclamation plans help ensure that the operator mines the project in an environmentally responsible and safe manner. Additionally, baseline evaluations of local wildlife, soils, water, nearby structures and vegetation are included. Required state mining permits vary based on the scale, scope, and commodity to be mined.
● State Highway Access Permits – Permits are required for an operator to access local roads and highways. Lewicki and Associates are experienced in compiling and submitting all required documents and follow the access permitting process until a Notice of Intent is issued. Contracted traffic studies and engineering designs are used in the permit to design acceleration, deceleration, and turning radii for the individual site.
● County Special Use Permits – Local counties often require that mining projects obtain special use permits to ensure that projects are in compliance with county regulations. Typically, a permit application packet is prepared, reviewed, and discussed with the Planning Commission and Board of County Commissioners in the process of ensuring compliance with county regulations. Local permits are becoming more difficult to secure every year and the process varies greatly between counties. One important aspect of these permits, which is outside of the engineering scope, is the requirement to work and compromise with agencies and members of the community who have concerns about the project. Our reputation and track record working with local regulators and members of the general public regularly yields positive results for our clients.
● Storm Water/Process Water Discharge Permit – Respective state agencies which govern water or the federal Environmental Protection Agency (EPA) require permits to allow a project to discharge both storm water and process water from the site. The operator is then responsible for ensuring all discharged water is in compliance with all health standards imposed as conditions of the permit.
Stormwater Management Plans (SWMP) – SWMPs are required for most developed sites to ensure that on site sediment and potential contaminates do not impact the surrounding landscape especially during and after storm events. Additionally and conversely, SWMPs also plan that offsite stormwater and sediment does not impact the site itself. SWMPs include information and Best Management Practices (BMPs) detailing the minimization of site disturbance, control and minimization of erosion during construction and excavation activities, management of offsite and onsite stormwater runoff, and reduction of potential pollutants to stormwater.
● US Army Corps of Engineers – Army Corps (USACE) permits includes nationwide, regional, or individual permits for a variety of activities conducted within Water of the United States (WOTUS). Examples are wetland, stream/creek/river mitigation, stream/creek/river crossings, embankment repair, and many other activities within WOTUS.
● Air Pollution Permits – The respective state agency or EPA requires permits for fugitive dust, emissions from equipment and plants, and all minor or major use sources that have the potential to affect air quality.
Feasibility Studies
Developed over 40 years, our team has discovered the hidden strengths and weaknesses of mining operations that help lead to a successful operation. We complete pre-feasibility studies and detailed final feasibility studies for mining operations which include 43-101 instrument compliant studies.
Types of mining operations include:
● Surface coal mines
● Underground coal mines
● Iron mines
● Limestone quarries
● Gravel pits
● Gold placer operations
● Dimension stone quarries
● Hard rock construction materials quarries
● Mineral specimen rhodochrosite
To deliver the best results catered to each client’s needs, we conduct a thorough analysis by:
● Collecting and evaluating geological and environmental data
● Designing and implementing mine, safety, and environmental compliance plans
● Developing reclamation plans
● Selecting mine equipment
● Designing treatment facilities and mine disposal embankments
● Evaluating labor requirements, mine capital, operating costs, and commodity sales prices
● Conducting full economic analysis
This client specific process allows us to provide insights that make a difference when planning your unique mining operations. Since 2005, commodity prices and market demands have fluctuated more significantly than in the past. Due to this rapidly changing climate, detailed sensitivity analyses are important to evaluate each project.
We are also involved in joining buyers and sellers of projects, negotiating purchase contracts and leases, and providing technical support during the due diligence process.
Visual Impact Assessments and Mitigation
Over the past decade, there has been a noticeable increase in the public’s sensitivity to the visual impacts of mining. County special use permits now often include visual resource management as a critical component, especially in areas where residential communities interact with commercial, industrial, and resource extraction industries. Some environments—rural areas in particular—are significantly more sensitive than others, making visual impact assessments and mitigation a necessary practice.
While industry and regulatory practice includes properly evaluating areas via plan view maps and pre-disturbance photos, we believe that such maps do not always convey the impacts from an activity to the general public. We use photo-realistic computer-aided design renderings to convey the impacts of an activity on the surrounding landscape in a way that is accessible to the general public. These renderings are accurate, clear, and easy to understand and help to mitigate potential negative
impacts prior to the implementation phase. Pairing these renderings with site photos, we can visually demonstrate development impacts over time and at specific locations. These step-by-step “through time” renderings are a proven key visual when seeking project approval.
The following pictures are from a visual impact assessment and mitigation report for an expansion to a large gravel pit in Pitkin County near Aspen, CO. This is the only approved active mining operation in its area and is located in a rural residential community known as Woody Creek. The use of sophisticated modeling was crucial in helping the residents and county officials who approved the project to understand the true impact of the operation. The project was approved following the presentation and explanation of through-time site renderings.
