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PERMFILE42757
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PERMFILE42757
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Last modified
8/24/2016 10:45:11 PM
Creation date
11/20/2007 11:18:20 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2005080
IBM Index Class Name
Permit File
Doc Date
8/14/2006
Doc Name
Opposition to Objectiors Motion for Conditions
From
Temkin Wielga Hardt & Longenecker LLP
To
DRMS
Media Type
D
Archive
No
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operation prior to approving a reclamation permit. As Objectors acknowledge, Allen has clearly <br />informed DMG that it is seeking necessary water rights approvals from the State Engineer for <br />Allen's proposed water supply well. For example, in response to DMG's first adequacy review, <br />Allen provided a letter dated April 13, 2006, from Gazy Thompson of W.W. Wheeler and <br />Associates detailing Allen's estimated project water requirements, the source of water for the <br />proposed well, and the projected well pumping rates (Exhibit 35)? Mr. Thompson explained <br />that Allen would be obtaining water rights for the proposed well "pursuant to a blanket <br />augmentation plan sponsored by the Upper South Platte Water Conservancy District." These <br />disclosures clearly satisfy this Board's Rules, and there is no basis for Objectors' request for <br />additional conditions concerning the permitting of Allen's proposed water supply well <br />Objectors incorrectly rely on Rule 6.4.7(2) in demanding additional conditions <br />concerning Allen's water supply well. Rule 6.4.7(2) does not address the conditions that <br />Objectors seek, since it applies only to mining operations that aze expected to "directly affect <br />surface or groundwater systems." Rule 6.4.7(1) governs operations, like Allen's, that aze not <br />expected to have such impacts. For operations like Allen's, the applicant is required to include <br />in its application a statement that the operations will not affect surface or groundwater systems. <br />Exhibit G to Allen's reclamation permit application cleazly satisfies this requirement, and states <br />that the proposed mine operations will not expose groundwater, and will not impact the <br />"prevailing hydrologic balance." Rules 6.4.7(3) and (4) address project water supply needs, and <br />Gazy Thompson's letter referenced above (Exhibit 35) provides the information required by <br />those regulations. <br />z Unless otherwise noted, all referenced exhibit numbers are [hose numbers used by Allen for its exhibits submitted <br />at the pre-hearing conference on June 15, 2006, and in its Notice of Rebuttal Exhibits, submitted on August 1, 2006. <br />
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