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~-~ rl STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 Fnx t3o3) s66ass9 Response to Reclamation Permit Application Consideration wwrvv.watecstate.co. us TO: Carl B. Mount, Senior Environmental Protection Specialist CC: Division 5 Office; District 72 Water Commissioner FROM: Claudia Engelmann, Water Resources Engineer G~ DATE: January 28, 2003 RE: Western Slope Flagsto en Quarry No. 2, File No. M-1996-076 ~ Z $ - O Section 35, Twp 10 S, Rng 98 W, 6th P.M., Mesa County n..e..,«,.., r-,..,,,,. c.~.,..r of co[o ~y`'i ~ ~'i t ;1996 ~ Bill Owens Governor Greg E Watcher Executive Director Hal D. Simpson, P.E. Stale Engineer Contact: Rudolph Fontanari, Sole Proprietor Cameo Gravel 3316 E% Rd. Clifton, CO 81520 (970)434-7948 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. ^ 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. ® The applicant has indicated plans to use other water for: ®uses at the permit site (dust control, water lost in mined product, re-vegetation, livestock and wildlife watering), ® storage in the excavated area(s), ^ other: The applicant will need to provide evidence to this office that the water is permitted or decreed for such uses. ® Other: The Mining Plan Section (Exhibit D) states: "No discharge of storm water shall occur from the affected area, but will be collected in impoundment areas for re-vegetation and dust control" The Reclamation Plan Section (Exhibit E) states "The topsoil berms will be shaped to form a crescent shaped catch basin to collect all run-off generated on uphill phases, and will occasionally collect water for livestock and wildlife" 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. The Water Information Section (Exhibit G) states: "Irrigation water will be used to irrigate the un-affected future phases which will in effect pre-wet the material to be mined, screened and crushed" Water lost in the mined product must be replaced through an approved water supply plan or decreed plan for augmentation. COMMENTS/NOTES