PERMFILE43426

• Permit No: M1993059
• IBM Index Class Name: Permit File
• Doc Date: 11/8/1993
• Doc Name: MIDWESTERN FARMS RESOURCES 112 ADEQUACY REVIEW FN M-93-059
• From: DMG
• To: TUTTLE APPLEGATE INC
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department oI Natural Resources
I J 13 Sherman 51., Room 215
Denver, CO 80201
Phone: [phone]
FA%:[phone]
November 8, 1993
Mr. Gary J. Tuttle
Tuttle Applegate, Inc.
11990 Grant Street, Suite 410
Denver, CO 80233
RE: Mid-Western Farms Resources, 112 Adequacy Review, File No. M-93-059
Dear Mr. Tuttle:
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Roy Romer
Governor
Michael B. long
Division Dneclor
I have completed my review of the Mid-Western Farms Resources application for
1470 acre sand and gravel mining operation in Provers County. I have nine (9)
adequacy comments listed below which require your attention.
`~ 1. OBJECTION LETTER
The Division has mailed to you a copy of an objection letter from Mike and
Stan Hammit received on September 20, 1993. I have also sent a letter to
Mr. Hammit requesting the details of their objection. We have not yet
received their reply. Hxhibit G of the 112 application lists Gene Hammit
as the owner of B wells near the proposed mining operation. it would
appear that the Hammits' concern involves groundwater. if the Hammits do
in fact have a groundwater concern, then the applicant will be responsible
for addressing impacts to groundwater and surrounding water users. Please
state your position on this issue and describe any proposed mitigation, if
necessary.
2. WATHR RIGHTS
The projected operational consumptive use of water ie 35.56 acre feet per
year. You have proposed the Buffalo ditch water rights currently used for
irrigated cropland to be used for the proposed mining operation. Prior to
permit approval you will be required to submit proof of alternative water
rights sufficient to meet operational water needs or supply evidence of
either an approved plan for augmentation by the Water Court or a substitute
water supply plan from the State Engineer, which allows the Buffalo ditch
water rights to be changed to the proposed uses.
Further, the mine plan entails creation of 540 acres of wildlife refuge and
lake system from which evaporative loss will occur. Prior to permit
approval you will also need to verify that appropriate water rights are
either in place or have been applied for in order to demonstrate compliance
with the State Hngineer's Office requirements for evaporative loss, per
Senate Bill 120.
J 3. PERMANENT AND MAN MARS STRIICTIIRSS
You will be required to either maintain a 200 foot setback distance or
agree to mitigate for damages resulting from mining to any permanent or man
made structure such as railroad, powerline, irrigation ditch, or county
road. If you intend to relocate ditches, powerlines, or irrigation wells
to a new location during the mining operation, then you will need to supply
the plans and costs associated with each relocation.