2007-05-15_REVISION - M1996008

• Permit No: M1996008
• IBM Index Class Name: Revision
• Doc Date: 5/15/2007
• Doc Name: Response
• From: OSE
• To: DRMS
• Type & Sequence: AM1
• Media Type: D
• Archive: No

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STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818 /
Denver, Colorado 80203 Res Onse to Reclamation Permit A lication Consideration
Phone [phone] P PP
FAX [phone]
httpalwww.water. sfate.co. us
DATE: May 15, 2007
TO: Kate A. Pickford, Environmental Protection Specialist
CC: Division 4 Office; District 41 Water Commissioner
o° cO<o
P .
ye R~
~~r B•-i•6~~
Bill Ritter, Jr.
Governor
Hams D. Sherman
Executive Director
Hal D. Simpson, P.E.
Stale Engineer
RECEIVED
FROM: Cynthia J. Love, Water Resources Engineer~'~fZ ~M/1Y 1 5 2UU/
RE: Operator: Western Gravel, Inc., North R-34 Pi/t,_File No. M-1996-008
Section 18, Twp 49N, Rng 9W, N.M. P.M., Montrose County Uivij;~on of ReDtamation,
Landowners- Jerry W. Trudell, Brian W. Wilson and DeBe, LLC r~ning arrd Safety
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 control, ®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. 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 mile 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 contact this office regarding the
600 foot spacing notification/hearing process.
^ The proposed operation may have potential impact on existing water rights near the project location. Please
provide evidence that the proposed project will no[ alter or impact the historic operation of existing water rights.
^ The applicant has indicated plans to use other water for:_uses at the permit site, storage in the excavated
area(s). The applicant will need to provide evidence to this office that the water is permitted or decreed for such
uses.
^ Other:
COMMENTS: The decree in Case No. 97CW31 approved water rights for the Carver Pit Well and the Carver
Augmentation Pond, as well as an augmentation plan for the proposed operation. However, the well and pond rights
were cancelled by [he Division 4 Water Court on July 15, 2005 for failure to show diligence in the development of the
rights. A Gravel Pit Well Permit Application was returned to the applicant on August 29, 1997 and was never
resubmitted to our office. The applicant must submit a new well permit application for the pit, and may be subject to
enforcement if a well has operated illegally. The applicant should also be advised to return to water court to obtain
water rights for the well and pond.