2021-10-29_PERMIT FILE - M2021064 (6)

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• No precipitation during any operations on site. (In actuality, as many as 30 days per year we can expect at least 0.1 in/day and so require no watering.)(Annual precipitation in the area is xx inches per year.) • No dust control chemicals be used. (In actuality, air permit requirements must be met and magnesium chloride brine, sodium lignite,or other dust control chemicals will be applied to areas with high traffic. • No open water. • Water use by miners/visitors for domestic use is very minimal(less than 50 gal/day averaged annually). REQUIREMENTS FOR WATER USE AND CONSERVATION: As no ground water is exposed (by mining below the water table)and no water is retained in surface impoundments (actually incised basins), no requirement for a substitute water supply plan to be prepared and submitted to the State Engineer, pursuant to SB 89-120 and SB 93- 260, has been identified. Based on preliminary calculations, water available from the Pagosa Water Conservation District and Pagosa Area Water and Sanitation District appears to be adequate for water used for mining purposes.Water to be used equals the annual water needs of one single-family dwelling. As discussed above, Colorado storm water and soil management and conservation rules will be implemented to protect surface and ground water quality and improve watershed management. Colorado water law is based on the prior appropriation doctrine,which states that the first appropriator in time has the first priority to take and apply water to beneficial use without waste.The right to divert the unappropriated waters of any natural stream to beneficial uses is never to be denied under Colorado's constitution;the Colorado water courts grant decrees to use water and set priorities.The Colorado State Engineer and the Division of Water Resources administer the water rights according to the priorities, measure flows, and record the use of water. Colorado's compact apportionment can be derived from many river sources, including the Piedra River. Numerous water rights exist in Colorado on the Piedra River mainstem upstream of Navajo Dam and on tributaries to the San Juan River. There appears to be no negative impact on Amerind water rights and use.The original Ute Indian reservations were carved out of the historical Ute homelands in 1868.The present lands of the Ute Mountain Ute and Southern Ute Indian Tribes are in southwestern Colorado and northwestern New Mexico.The Ute Mountain Ute lands include 890 square miles in Colorado and New Mexico, Southern Ute Indian trust lands include 470 square miles within the Tribe's 1,250 square miles of checkerboard reservation. The San Juan is one of seven rivers in southwestern Colorado flow through the Southern Ute Indian and Ute Mountain Ute reservations.The Colorado Ute Indian Water Rights Final Settlement Agreement was signed on 10 December 1986 and quantified the Colorado Ute Tribes' water rights. PREPARED BY: Nathan A. Barton, CE, PE, DEE Environmental and Permitting Compliance Engineer. DATE: 20 OCT 2021 O�REG316 I A. S �sjMt�an C&J Gravel Products, Inc. Page 37 of 93 20 OCT 2021 Application for Permit: Oakbrush Hill Gravel M-2021- C&J-DPR-V5-001