PERMFILE115346

• Permit No: M2005071
• IBM Index Class Name: Permit File
• Doc Date: 2/22/2006
• Doc Name: Response
• From: OSE
• To: DMG
• Media Type: D
• Archive: No

STATE OF COLORADO
OFFICE OF THE STATE ENGINEER -'` RECEIVED
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818 ~FEB 2 2 2006
Denver, Colorado 80203
Phone [phone] ~ ,i
FAX [phone] Division of Minerals end G~~pgIO¢
www.watecstate.co.us Response to Reclamation Permit Application l'o~Stderation
DATE: February 22, 2006
TO: Steve S. Shuey, Senior Environmental Protection Specialist
CC: Division 4 Office; District 40 Water Commissioner
FROM: Cynthia 7. Love, Water Resource Engineer~~
RE: Operator: Benson Brothers, Benson Brothers Red Shale Pit-, File No. M-2005-071
Section 13, Twp 13 S, Rng 95 W, 6th P.M., Delta County
Landowner- Benson Brothers
of eon
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Bill Owens
Governor
Russell George
Exemtive DireROr
Hal D. Simpson, P.E.
Sra[e Engineer
CONDITIONS FOR APPROVAL
® The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground water must not
occur during or after rnining 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 pemlit, as applicable. Prior to obtaining a pemtit, an approved water supply plan or decreed plan for
augmentation is required.
^ Prior to approving a well permit, the applicant must conduct a fie]d inspection of the site and document the
locations of all wells within 600 feet mile of the permit area. The applicant must then obtain a waiver of
objection from all well owners with wells within 600 feet of the pemlit area or contact this office regarding the
600 foot spacing notification/hearing process.
^ 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 [he historic operation of existing water rights.
^ The applicant has indicated plans to use other water for:_dust connol_uses at the permit site, storage in
the excavated area(s). The applicant will need to provide evidence to this office that the water is permitted or
decreed for such uses.
^ Other:
COMMENTS: Our comments of December 15, 2005 still apply and are repeated below.
The applicants state that water for dust control will be obtained by the operator by hauling water from an offsite,
adjudicated water right. The applicant should provide [be name of [he water right and all applicable water court case
numbers.