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(iii) Concern has been expressed for impacts on ten decreed springs. <br />These water rights, their locations, and their priorities have not <br />been identified with specificity. The potential for injury to such <br />rights is highly speculative and unsupported by any data. <br />WestWater Associates, Inc., acknowledges several sources of <br />groundwater recharge, and that the springs are currently subject <br />to flows which vary dramatically depending upon seasonal <br />conditions. WestWater's opinion that the applicant will impact <br />groundwater supplies is based on an assumption of "excavation of <br />this gravel deposit to shale bedrock in a mile tong, northlsouth <br />strip," which is an incorrect assumption. Based upon the <br />foregoing, and based further upon the requirements of the <br />Colorado Groundwater Management Act, the approval of this <br />application will not alter or impact the historic operation of existing <br />water rights. <br />(c) OSE Concern #3. "The Applicant will need to provide evidence to this office <br />that the water is permitted or decreed for such uses." <br />A letter from Mr. Victor Roushar, an attorney representing the Uncompahgre <br />Valley Water Users Association, states that there are no impediments to <br />using the 658 acre-feet of water that the Applicant will obtain with the <br />purchase of the property for the uses proposed with the operation so long as <br />the required assessments are paid to the Association. That letter is attached <br />for your reference. <br />(d) OSE Concern #4. "Unless captured in priority, impounded water may not be <br />used for any purpose expect as approved under a water supply plan or <br />decreed plan for augmentation." <br />The Applicant has come to the conclusion that process water will not be <br />necessary for operations at the site at the beginning of operations. If at <br />some point during operations process water becomes necessary, any <br />impoundment of the water and potential evaporation losses will be addressed <br />in a TSSP to be submitted to the OSE for review and approval. Please note <br />that stormwater will no longer be directed to an impoundment area for any <br />use in process water, per the State Engineer's Office policy. Any stormwater <br />collected on site during major storm events will be discharged from the site <br />and released back to the system within 72 hours of "capture". A stormwater <br />Discharge Permit will be obtained from the Colorado Department of Public <br />Health and Environment, Water Quality Control Division, prior to operations <br />at the site. <br />4. The Applicant is comfortable with the five year time frame for reclamation as <br />suggested by the Division. The Applicant commits to completing reclamation on <br />the property within five years of completion of mining. <br />5. Per Rule 6.4.4(1), no explosives will be used or stored on site. <br />6. The Mine Plan (Exhibit D) has been revised per your suggestions. We have <br />indicated a range of 6 to 18 inches of topsoil over the site. The phrase "to the <br />