2005-09-20_REVISION - M1987038

• Permit No: M1987038
• IBM Index Class Name: Revision
• Doc Date: 9/20/2005
• Doc Name: Response
• From: OSE
• To: Bob Oswald
• Type & Sequence: AM4
• Media Type: D
• Archive: No

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STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Na[ural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone [phone]
FAX [phone]
www.watersta[e.co.us
RECEIVED
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r,, Division mf Minerals and Geology
''9 September 20, 2005
Bob Oswald
Environmental Protection Specialist
Division of Minerals and Geology
1313 Sherman Street
Denver, CO 80203
RE: BAYFIELD PIT NO. 1, PERMIT NO. M-1987-038
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Bill Owens
Governor
Russell George
Executive DirecYOr
Hal D. Simpson, P.E.
State Engineer
Dear Bob:
On July 27, 2005 I wrote the Division of Water Resources response to your request for
comments regarding the Bayfield Pit No. 1. My response was that this mine site was out
of compliance with the Division of Water Resources because the substitute water supply
plan renewal had lapsed and that favorable action by the Division of Minerals and
Geology should not be granted to their request to swap lands in their DMG permit.
The operator has been in contact with our Division Office in Durango regarding our
position. The Division Engineer has written to me requesting that we change our
position to accept a favorable action because while the operator is technically out of
compliance, he has made replacements when necessary and the augmentation plan
they have filed with the court is likely to be decreed by the end of this year. Therefore,
our office has no objections to favorable action from the Division of Minerals and
Geology regarding the permitted area land swap requested by the Bayfield Pit No. 1.
Feel free to call me if you have any further questions.
Sincerely,
~~ ~~l~v '
Don West
Water Resources Engineer
cc: Ken Beegles, Division Engineer