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STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER RECEIVED oF'c°<o <br />Division of Water Resources ~~' k~ <br />Department of Natural Resources he <br />7373 Sherman 6tree4 Room 818 /// / / ~ / JUL 2 7 2005 * ' <br />Denver, Colorado 80203 ~-t-~'D r/~' V " ~ <br />~~"rr t~876~ <br />Phone (303) 866-3581 1}jylglap.f Minerals and Geology <br />FAX (303) 866-3589 Bill Owens <br />W W W Wa[eCSldte.CO.US GO~emor <br />,,/ Response to Reclamation Pernut Application Consideration Russell George <br />q / Executive Director <br />~/ Hal D. Simpson, P.E. <br />State Engineer <br />DATE: July 27, 2005 <br />J TO: Bob Oswald, Environmental Protection Specialist C' e ~2 C <br />CC: Division 7 Office; Dis ict 31 Water Commissioner ~ ~~ <br />FROM: Don West, P.E. <br />RE: Bayfield No. 1 Pit, File No. M-1987-038 <br />Operator: Gosney & Sons, Inc. <br />Contact: Matt Barnett 970/884-7505 <br />Section 14, Twp 34N, Rng 7W, 6th P.M., La Plata County <br />CONDITIONS FOR APPROVAL <br />^ The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground <br />water must not occur during or after mining operations. If stonnwater is contained on-site, it must <br />infiltrate into the ground or be released to the natural stream system within 72 hours, or all work <br />must cease until a substitute water supply plan, or augmentation plan approved by water court, is <br />obtained. Reclamation plans must ensure water will not be retained onsite for more than 72 hours <br />unless an augmentation plan approved by water court is obtained. <br />® The proposed operation consumes ground water by: ®evaporation, ^ dust control, <br />® reclamation, ®water removed 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 pit <br />or other type of well permit, as applicable. However, prior to obtaining a permit, an approved water <br />supply plan or decreed plan for augmentation is required. <br />^ Prior to approving a well permit, the applicant must conduct a field inspection of the site and <br />document the locations of all wells within 600 feet of the permit area. The applicant must then <br />obtain a waiver of objection from all well owners with wells within 600 feet of the permit area or <br />request a hearing before the State Engineer. <br />® Other: The request to amend the DMG permit should not be approved because the applicant is <br />currently out-of-compliance with the Division of Water Resources gravel pit permit since the <br />substitute water supply plan has not been renewed and is not valid at this time. Applicant does have <br />an application pending in water court for a plan for augmentation, but the substitute water supply <br />plan must remain active until such time that the plan for augmentation is decreed. <br />COMMENTS: The Division Engineer will be notified that applicant is out-of-compliance and applicant is <br />subject to administration from the Division Engineer to cease operations until a substitute water supply plan <br />is in place. <br />