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<br />M-95-007/Thomeczek <br />5/1/95 <br />page 2 <br />Based on these facts, as we had discussed, I will condition the <br />approval of the new permit essentially as follows: <br />"You must confine all new excavation to at least two feet <br />above the water table, and otherwise avoid exposing <br />additional groundwater, until a water augmentation plan <br />is approved, which would allow the size of the pond to <br />increase within the limits of the permit." <br />Until you can supply this Division with proof of having obtained <br />such approval, you will not be legally able to "wet mine" a larger <br />pit. <br />The approval of an acceptable augmentation plan may not be a simple <br />process. Mr. Kepler mentioned that, in these types of matters, it <br />is recommended that an engineer or water lawyer be consulted. <br />However you decide to, I hope you pursue this with due diligence. <br />There is one final item I wish to remind you of, and that is that <br />you should review the latest "Amended Notice of Violation" for the <br />corrective action dates and remaining civil penalties to be paid. <br />If you have questions, please call me. <br />Sincerely, <br />~o~ (~ -~. <br />Bob Oswald <br />Environmental Protection Specialist <br />cc: Keith Kepler, Division of Water Resources, <br />P.O. Box 5728, Pueblo CO 81002 <br />John Singletary, Sun Mesa, <br />201 W. 8th St., Ste. 425, Pueblo CO 81003 <br />b:\dmgcor05.95/pl-2 <br />