2003-07-18_REVISION - M1986104

• Permit No: M1986104
• IBM Index Class Name: Revision
• Doc Date: 7/18/2003
• Doc Name: Response
• From: OSE
• To: DMG
• Type & Sequence: AM1
• Media Type: D
• Archive: No

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STATE OF COLORADO
OFFICE OF THE STATE ENGINEER e~co
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Division of Water Resources
Department of Natural Resources R~. _
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1313 Sherman Street, Room Sl8 lr t/~© ///
Denver, Colorado 80203 ~/ ~~ ~ V ~
Phone [phone] lJ 8 0~ I
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FAX [phone]fV/ L
Bill Owens
www.watecstate.co.us S/Uq ~f Mj8
Response to Reclamation Permit Application "~~SAd~-~~ion Governor
cre~ E Watcher
Executive Director
TO: Carl B. Mount, Senior Environmental Protection Specialist Hal D. Simpson, P.E.
CC: Division 5 Office; District 37 Water Commissioner state Ensinee'
FROM: Claudia Engelmann, Water Resources Engineer C~/
DATE: July 18, 2003 / /
RE: Montgomery Pi ,File No. M-1986-104, AM-1
Section 1, Twp 5 S, Rng 85 W, 6th P.M., Eagle County
Operator: Oldcastle SW Group, Inc. d.b.a. B & B Excavating
Contact: Jason Burkey, Site Manager
Oldcastle SW Group, Inc. d.b.a. B & B Excavating
PO Box 1729
Edwards, CO 81632
[phone]
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. However, prior to obtaining a permit, an approved water
supply plan or decreed plan for augmentation is required in overappropriated areas. Currently this
location is not considered overappropriated, however, if this area becomes overappropriated,
augmentation will be required. This proposed pit is located in a critical stream system.
^ 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.
® The proposed operation may have potential impact on existing water rights near the project location.
Please provide evidence that the proposed project will not alter or impact the historic operation of
existing water rights. Exhibit D (Mining Plan) states: "Before mining the Future Mining Area the CKP
ditch will need to be realigned. The ditch will be moved closer to the permit boundary to allow
maximum extraction:'
® The applicant has indicated plans to use other water for: ®uses at the permit site, ^ storage in the
excavated area(s), ^ other: _. Exhibit G (Water Information) states: "B&B Excavating, Inc. has
rights from the CKP Ditch as well as well rights to supply water for dust control during the
operations:' The applicant will need to provide evidence to this office that the water is permitted or
decreed for such uses.
® Other: Exhibit D (Mining Plan) states: "The pit will contain the 100-year event of 2.74 acre-feet and
will detain the water for 24 hours but will allow it to seep through into the ground so that the water is
returned to the natural drainage :' If storm water is not diverted or captured in priority, Colorado
Water Law requires it to be released, or replacement for evaporation will be required of the
impounder/operator/owner of the gravel pit. The State Engineer's current policy requires that all
impounded water be released to the stream system within a maximum of 24 hours after
impoundment. Unless captured in priority, impounded water may not be used for any purpose
except as approved under a water supply plan or decreed plan for augmentation.
COMMENTS/NOTES: