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<br />Mr. Allen Sorenson <br />Division of Minerals and Geology <br />May 7, 1993 <br />Page 2 <br />The Airport Pit No. 3 permit covers 350 acres, while our <br />amendment is only 20 acres. We question the right of the <br />Division to condition the approval of an amendment on <br />performing additional permitting on land already permitted. <br />Also, we wish the Division to note that the "grandfather" <br />clause allows mines to operate under the rules and regulations <br />of their permit rather than be subject to rules that were <br />promulgated at a later date. <br />5. As stated in the original mining plan Exhibit G, the water <br />used on the site for dust control and for washing is from <br />Eight Mile Creek. Diversion of water from Eight Mile Creek <br />has been done legally under a substitute supply plan approved <br />by the State Engineer. The substitute supply plan was <br />initially approved by the State Engineer's Office on September <br />15, 1987 under the name of Airport No. 1 Pit. The plan has <br />been updated each year thereafter. Monks is currently in the <br />process of submitting a request to the State Engineer for <br />renewal of the substitute supply plan. <br />The March 19, 1993 letter from the State Engineer's Office <br />states there is no indication of water right for the <br />operation. Because the substitute supply plan is listed in <br />the State Engineer's files as Airport Pit No. 1 they do not <br />have record that the water use at Pit No. 3 is included in the <br />plan. The wash water is diverted at Airport Pit No. 3 and the <br />dust control water is diverted at Airport Pit No. 1. This <br />fact will not impact the substitute supply plan because both <br />pits are in the same vicinity on Eight Mile Creek. <br />However, in this year's request for an extension of the plan, <br />it will be made clear to the State Engineer's Office that the <br />diversion of water from Eight Mile Creek is taking place at <br />both pits. George VanSlyke with the State Engineer's Office <br />has been verbally informed of the diversion of water from both <br />pits. <br />In each of the requests to the State Engineer for an extension <br />of the plan the uses of water and the quantities of water <br />consumed have been reported. The quantities and uses of water <br />that have been reported have included water use at both Pit <br />No. 1 and Pit No. 3. <br />As stated in the application for the amendment of the Pit No. <br />3 mining pernit, the addition of the 20 acres into the permit <br />will have no impact on the water use at the site. <br />