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RECEIVE[? SEP 2 7 2002 Wilson Farms Division of Minerals,an'1 Geology 9268 WCR 28 Platteville, Colorado 80651 .,. - ;,, 24 September2002 - ~,' - ~ ~ ~ ~ _ ~~ ~ .'"':"' ' Mr. Kevin G. Rein, P.E. Water Resource Engineer Division of Water Resources Department of Natural Resources 1313 Sherman SVeet, room 818 Demer, Colorado 80203 Permit #: ~7-iggq{x~, Confidental?: Class: Type-Seq.: From: ~ To:~f=~ Doc. Name: a//.,,, ~ . ,~ ,.. / <.~ n Doc. Date (if no date stamp) ~pP Re: Well Permit Number 052945-F Mr. Rein: The purpose of this letter is to request that the Office of the State Engineer specffically address and respond, in writing, to questions related to Well Permit Number 052945-F, the pumping rate being conducted for de-watering, and the pumping rate influence on material injury. This permit was issued to Sand Land, Inc. on November 30, 1999: A brief background of relevant facts relating to the ques[ions/issues is: • The well pemrit was issued pursuant an application completed by Sand Land, Inc. on 26 May 1999. Christopher L. Varna, Pres. signed it (Attachment I). in response to item 9, description of use, the applicant states: "While mining, the pits will be de-watered at a maximum pumping rate of 0,72 MGD (t.f 2 cfs}"(Emphasis added). • A Minerals Program Inspection Report dated June 27, 2002 (Attachment 2) identi£ed that the applicant, according to its own estimate, was pumping water from the pit at approximately 1,500 gpm. This is a pumping rate that is three times the maximum rate stated in the well permit application. The Division of Minerals and Geology (DMG) conducted this June inspection in response to a complaint initiated by us to the Colorado Division of Public Health Our complaim was based on concern for the impact on area wells that the Varna de- watering operation might be having. • The Colorado DeparUnent of Health (CDPS) conductorl an inspection of the gravel pit on August 12, 2002 in connection with their renewal of the discharge permit for the site (Permit Number COG-5000). In a September I1, 2002 letter (Attachment 3) snmmari~ing their Endings, the inspector noted: "There are two 50-hp pumps in the de-water pit, and they each operate at 2,000 gallons per minute. Oae of the pumps operates 24-hours a day. The other is on a float switch, and typically runs betwcen 1 Z-and 24 hours a day depending on the season." This is a pumpiug rate that is 6-8 times the maamum rate specified in the well permit application. Clearly, the facts demonstrate that the pumping rate for the de-watering operations for the Vama pit far exceeds the maximum rate specified in the Gravel Pit Well Permit Application completed on May 26, 1999. This raises the following questions: 1. Is not the Gravel Pit Well Permit Application an associated document upon which the Permit is conditioned? 2. Can the maximum pumping rate of 500 gpm specified in the Permit Application be enforced by the Office of the State Engineer as part of the pemti[? If not, why not?