2003-09-02_REVISION - M1988057

• Permit No: M1988057
• IBM Index Class Name: Revision
• Doc Date: 9/2/2003
• Doc Name: Response
• From: SEO
• To: DMG
• Type & Sequence: AM1
• Media Type: D
• Archive: No

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OF COLORADO
OFFICE OF THE STATE ENGINEER/

Division of Water Resources
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Department o
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Resources
1313 Sherman Street, Room 818
Denver, Colorado aozo3 Division of Minerals and Geo{ogy
Phone [phone]
FAX [phone]
www.watecstate.co.us Response to Reclamation Permit Application Considerationy
DATE: September 2, 2003
TO: Harry H. Posey Senior Environmental Protection Specialist
CC: Division 7 Office; Di trict 78 Water Commissioner
FROM: Don West, P.E.
RE: Canyon Sand and Gravel Pit, File No. M-1988-057
Operator: Robert Scott
Contact: Robert Scott 970/731-4707
Section 29, Twp 35N, Rng 3W, NM P.M., Archuleta County
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Bill Owens
Governor
Greg E. Walther
Executive Director
Hal D. Simpson, P.E.
State Engineer
CONDITIONS FOR APPROVAL
^ The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground
water must not occur during or after mining operations.
® The proposed operation will consume ground water by: ®evaporation, ^ dust confrol,
reclamation, ®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.
® Other: The applicant is NOT operating in compliance with Colorado water law. Applicant must
contact Don West at the Office of the State Engineer (telephone: [phone]) within 30 days of
receipt of the amendment response from the Division of Mining and Geology to discuss his plan to
bung the operation into compliance, or he may be subject to orders from the division engineer to
cease all operations at the site and to stop evaporation losses by backfilling all exposed ground
water caused by mining activities.
COMMENTS: This office does not recommend approval of this amendment application because the
applicant is not complying with Colorado water law in the current operation. A well permit is required for
excavations that expose ground water. Ground water tributary to Devil Creek is impacted due to this
operation and will require a gravel pit substitute water supply plan, or plan for augmentation, prior to a well
permit being issued. Reclamation involves permanent exposure of ground water and will require a plan for
augmentation to be decreed in water court.