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S ~~ <br />STATE <br />COLORADO <br />OFFICE OF THE STATE ENGINEER grrrf, C b ~Y7 <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 1~ <br />FAX (303)866-3589 <br />www.watersrate.co.us Respons to Reclamation Permit Application Consideration <br />DATE: November 15, 2005 <br />oF' cOCo <br />/e <br />w <br />a <br />/996 s <br />Bill Owern <br />Governor <br />Runelt George <br />Executive Director <br />RECEIVE[~i D. Simpson, P.E. <br />~ Srate Engineer <br />TO: G. Russell Means, Environmental Protection Specialist r/NOV 1 5 2005 <br />CC: Division 4 Office; District 41 Water Commission ~t <br />N Division •(Miner9ls and Geology <br />FROM: Cynthia J. Love, Water Resource Engineer ~~ <br />RE: Operator: Nick H. Gray, Gray Pit #l, File No. M-2003-0- 92 <br />Section 24, Twp 49 N, Rng 8 W, N.M. P.M., Montrose County <br />Landowner- Nick H. Gray <br />CONDITIONS FOR APPROVAL <br />® The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground water must not <br />occur during or after mining operations. <br />^ The proposed operation will consume ground water by ^evaporation, ^dust control, ^reclamation, ^water <br />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 or other type <br />of well permit, as applicable. Prior to obtaining a permit, an approved water supply plan or decreed plan for <br />augmentation is required. <br />^ Prior to approving a well permit, the applicant must conduct a field inspection of the site and document the <br />locations of alt wells within 600 feet mile of the permit area. The applicant must then obtain a waiver of <br />objection from all well owners with wells within 600 feet otthe permit area or contact this office regarding the <br />600 foot spacing notification/hearing process. <br />^ The proposed opemtion may have potential impact on existing water rights near the project location. Please <br />provide evidence that the proposed project will not alter or impact the historic operation of existing water rights. <br />® The applicant has indicated plans to use other water for: dust abatement uses at the permit site, -storage <br />in the excavated azea(s). The applicant will need to provide evidence to this office that the water is permitted or <br />decreed for such uses. <br />^ Other: <br />COMMENTS: The applicant has stated that crashing operators may supply water for dust abatement hom offsite <br />sources. The applicant also indicated that he has irrigation water available near the site that could be used for dust <br />abatement after irrigation needs have been satisfied. The applicant should provide a copy of the decree for the imgation <br />water. if dust abatement is not included as a decreed use, the applicant should apply to the water court for a new water <br />right for this source. Alternatively, the applicant may apply to the cow[ to change the use of a ponion of the right from <br />irrigation to dust abatement; [his would require dry up of some irrigated land, but would maintain the original priority. <br />date of the water right. <br />