PERMFILE62059

• Permit No: M2004067
• IBM Index Class Name: Permit File
• Doc Date: 12/9/2004
• Doc Name: Review Comments & Objection Ltr
• From: DMG
• To: Banks and Gesso LLC
• Media Type: D
• Archive: No

STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denw±r, Colorado 80203
Phone [phone]
FAX [phone]
www.watecuate.m.us
RECEIVED
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Oisisian et Minerals end Geology
Response to Reclamation Permit Application Consideration
DATE: November 16, 2004
TO: Thomas A. Schreiner, Environmental Protection Specialist
CC: Division 1 Office, District 7 Water Commissioner
FROM: loarta Comaniciu, E.I.T.
RE: MMRR Quarry, File No. M-2004-067 G~a4:
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 West, 6th P.M., Gilpin County
CONDITIONS FOR APPROVAL
Bill Oxere
Governor
Russell George
Executive DireROr
Fiat D. Simpson, 8E.
Slate Engineer
® The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground
water must not occur during or after mining operations. However, this project will affect two unnamed
drainageways (surtace water) located in the quarry area and that will flow onty as a result of rainfall or
snowmen. The applicant must show that no Injury to other vested water rights will occur as a result of
this quarry project.
^ The proposed operation will consume ground water by: ^evaporation, ^ dust control, ^reclamatlon,
^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 wafer 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 to 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 only water requirement for this project will be for dust control. All
water 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 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-
WOCD. Othervvise, the operator will need to make replacements for evaporation.
The applicant may contact the State Engineer's Office with any questions.