PERMFILE57307

• Permit No: M2002003
• IBM Index Class Name: Permit File
• Doc Date: 2/28/2002
• Doc Name: Response to Objection Letter
• From: DMG
• To: Joel and Margaret Wehking
• Media Type: D
• Archive: No

STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
7313 Sherman Scree[, Room 818
Denver, Colorado 80203
Phone {303) 866-~$B7
FAX [phone]
www.watecstate.co. us
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FEB 0 6 2002 .` '*
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Division of Minerals and Geology .
Response to Reclamation Permit Application Consideration
DATE: February 6, 2002
TO: James C. Stevens, Senior Environmental Protection Specialist
CC: Division 1 Office, District 23 Water Commissioner
FROM: Jeff Deatherage, P.E. ~~
RE: Topaz Mountain Gem Mine, File No. M-2002-003
Operator: Georgia & Walt Rubeck
Contact: Walt Rubeck [phone]
Section 12, Twp 11 South, Rng 72 West, 6th P.M., Park County
CONDITIONS FOR APPROVAL
Bill Owens
Governor
Greg E. Walther
Executive Direttor
Hal D. Simpson, P.E.
Sta[e Engineer
® 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:
Prior to initiation of these uses of ground water, the applicant will 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.
^ Prior to approving a well permit, the applicant must conduct a field inspection of the site and document
the locations of 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 demonstrate that the proposed project will not alter or impact the historic operation of
existing water rights.
® The applicant has indicated plans to use other water for domestic and screening purposes at the permit
site. The source of water for this use is to be obtained from an on-site spring Identified as the Topaz
Mountain Gem Mine Spring. An application for a surface water right for this spring is pending with the
Division 1 Water Court in case no. 2001CW259. Applicant needs to document that water from this
spring used at this site is diverted in priority under a water right decreed for such domestic and industrial
use. Applicant may contact the water commissioner for further information.
^ The applicant has not identified any proposed use of water at the permit site. If water will be used for
any 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 industrial use.
COMMENTS; If stormwater 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 Office with any questions.