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sEP-O6-03 12:47 FROtI-Colorado Division of ltlnarals & Gaolosy +13036663567 <br />j~ ~~D <br />T-623 P.001/001 f-265 <br />~~~ ~ <br />o~ coLor~-o <br />OFFICE OF THE STATE ENGINEER'S <br />D'rvis;an a~ t,tit~r Resoanrs SEP 0 22003 .~ <br />f <br />ivawral Resources <br />Department o ~ - <br />1313 Slrerman 5[ref•r, Roam 8[B <br />benvey Colo2do 80203 OiYisian of pAinerels and GBalagy *.. <br />~ a r <br />Phone 13031866.3581 ---_- <br />FAX(303) 8fifi-3589 ~ ~ ~ <br />""""""~`~''S°`e'`O'°' Response to Reclamation Pernut Application Consideratioty~ <br /> ~ , <br /> Ezcaac a Oframr <br /> tLil 0.: Imp+oa, P.E. <br />DATE: September 2, 2003 sure to °„" <br />TO: NarryH. PoseyrSenipr Environmental Prouction Specialist <br />CC' Division 7 Offiae;ct 78 Water Commissioner <br />FROM: Don Wes[, P.E. Q <br />RE: Canyon Sand and Gravel Pit, File No. M-1988-051 <br />Operator: Robert Scott <br />Contact: Robert Scott 9701731.490? <br />Section 29, Twp 35N, Rog 3W, NM P.M., Archuleta County <br />CONDTIIONS FOR APPROVAL <br />^ The proposed operation does not anticipate exposing groundwater. Therefore, exposure of groan 9 <br />water must not occur during or allot' tninistg Opa[atiotts. <br />® The proposed opera#on will consume Bound wattx by: ®evaporarion, ^ dus2 wnirol, ~ ) <br />reclatnatien, ®waterremoved in the mined product, ^ processing, ^ other:. <br />Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pi t <br />or other type of well permit, as applicable. $owever, prior to obtaining a permit, an approved wale <br />supply plan or decreed plan fot augmentation is required. <br />^ Ptiot to approving a well permit, the applicant must conduct a field inspection of the site any. <br />document the locations of all wells within 600 feet of the permit area. The applicant must ther <br />obtain a waiver of objection from all well owners with wells within 600 feet of the permit area w <br />request a hearing before the State Engineer. <br />Other: The app]icant is NOT operating in campliancc with Colorado water law. Applicant must <br />contact Don West at the Office of the State Engineer (telephone: 309/36$~i248) within 30 days nt <br />receipt of the amentbnent response from the Division of Mining and Geology to discuss his plan to <br />being the operadou into cotnphance, or he may be subject to orders from the division engineer to <br />cease all ape[ations at the site and to stop cvapmation losses by backfilling all exposed ground <br />water caused by mining activities. <br />CONI144IENNTS: This office does not recommend approval of this amendmrnt application because the <br />applicatn is not complying with Colorado water ]aw in the current operation. A well permit is required for <br />excavations that expose ground water. Ground water tributary to Devil Creek is impacted due to this <br />operation and will requrra a gravel pit substitute water supply plan, or plan far augmentation, prior to a well <br />permit being issued. Reclamation involves permanent exposure of ground water and will require a plan for <br />augmentation to be decreed in water court. <br />