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<br /> <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St.. Room 215 <br />Denver, ColoraAo A0203 <br />Phone (7031 866-7567 <br />FAX: (7031832-8106 <br />May 1, 1995 <br />Mr. Joe Thomeczek <br />Bent County Ready Mix <br />P.O. Box 387 <br />Las Animas, CO 81054 <br />~T^T~ OF <br />III IIIIIIIIIIIII III <br />999 <br /> <br />COLORADO <br />Re: Water Resources, and Conditions of Approval of <br />Application, File No. M-95-007 <br />Dear Mr. Thomeczek, <br />~~~~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCES <br />Ray Romer <br />Govcrno~ <br />lanms 5. Lochhead <br />f.ecun ve Direc toy <br />Michael B Long <br />New Division Dhecmr <br />As a follow up to our telephone conversation last week, after the <br />Board meeting, I would like to summarize the status of the new <br />application and the compliance with the Board orders. <br />We will wait until the close of business today to see if any <br />objections are received pertaining to your new proposed operation, <br />as required by law. If none are received, I will begin processing <br />the approval of your application. <br />The application materials, as they were submitted over the past <br />several months, included a letter from Steven Witte, of the <br />Division of Water Resources (DWR), dated 12/2/94. This letter <br />stated that an acceptable water augmentation plan was required, for <br />the uncontrolled evaporative losses from the existing pit. In the <br />more recently submitted Exhibit B, there is no follow up <br />information regarding an augmentation plan, or any other water <br />resource information. I have spoken with Mr. Keith Kepler, of the <br />Division of Water Resources' office in Pueblo, who informs me that <br />your proposed augmentation plan has not been actively pursued, and <br />it appears that it will not be approved. As it now stands, you <br />must act to bring your existing pond into compliance, before you <br />expand the size of it. <br />Compliance with the State's water laws is not under our <br />jurisdiction, unless it affects another part of your permit. I <br />encourage you to contact the DWR soon, because further operations <br />of your pit under your existing permit may be affected. There is <br />an additional important fact: without an approved augmentation <br />plan, any exposing of more groundwater, by increasing the size of <br />the pond, would compound the issue of noncompliance with those <br />water laws. <br />