PERMFILE46373

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 11/17/2005
• Doc Name: Motion for Determination of Standing
• From: City of Black Hawk
• To: DMG
• Media Type: D
• Archive: No

,~-; Q S L- STATE OF COLORADO
OFFICE OF 7HE STATE ENGINEER
Division of water Resources
Department of Natural Resources
1313 Sherman Street, Room 878
Denver, Colorado 110203
Phone [phone]
FAX [phone]
www.watecsta[e.m.us
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RECEIVED „~
"5EP 1 5 2Q05 ~"~
7~ Diyisiart d Minerals and Geology
Response to Reclamation Permit Application Consideration
DATE: September 15, 2005
TO: Thomas A. Schreiner, Environmental Protection Specialist
CC: Division 1 Office, District 7 Water Commissioner
FROM: loana Comaniciu, E.I.T.
sin Owens
Governor
RussNl George
E>,ecW~e Director
Mal D. Simeon, P.E.
State En®neer
RE: MMRR Quarry, File No. M-2004 U67
Operator: Clear Creek District Water Providers. LLC-303-773-1005
Contact: Banks and Gesso, LLC-Paul Gesso-303-274-4277
Section 26, Twp 3 South, Rng 72 Wesl, 6th P.M., Gilpin County
This letter is an amendment to our letter dated May Z, 2005.
CONDITIONS FOR APPROVAL
^ The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground
water must not occur during or after mining operations.
® The proposed operation will consume ground water by: ®evaporation, ^ dust control, ®reclamation,
®water removed in the mined product, ^ processing, ^ other: Based on the Lyman Henn, Inc. geo-
technical report dated August 19, 2005 the proposed operation will exposed ground water, therefore
based on this new information please note the following: Prior to initiation of these uses of ground water,
the applicant wRl need to obtain either a gravel pit or other type of well permit, as applicable. However,
prior to obtaining a permit, an approved water supply plan or decreed plan for augmentation is required.
This project will also affect two unnamed drainage-ways (suAace water) located in the quarry area and
that will flow only as a result of rainfall or snowmelt. The applicant must show that no injury to other
vested water rights will occur as a result of this quarry project.
® Prior to approving a well permit, the applicant must conduct a field inspection of the site and document
the locations oT all wells within 600 feet of the permit area. The applicant must then obtain a waiver of
objection from all well owners with wells within 600 feet of the permit area or request a hearing before
the State Engineer.
^ The proposed operation may have potential impact on existing water rights near the project location.
Applicant needs to tlemonstrate that the proposed project will not after or impact the historic operation of
existing water rights.
^ The applicant has indicated plans to use other water for purposes at the permit site. The source
of water for this use is to be obtained from Applicant needs [o document that this water was
diverted in priority under a water right decreed for such industrial use. Applicant should contact the
water commissioner for further information-
® The applicant has identified that the water requirement for dust control will be trucked into the site. If
water will be used for any other purpose at this site, the applicant will need to document that the water
was obtained from a legal source, or the water was diverted in priority under a water right decreed for
such indusVial use.
COMMENTS: If stormwaler runoff is intercepted by this operation and is not diverted or captured in priority, it
must be released to the stream system within 72 hours. This may require a discharge permit from CDPHE-
W OCD. Otherwise, the operator will need to make replacements for evaporation.
The applicant may contact the State Engineer's OFrce with any questions.
Exhibit C