PERMFILE117605

• Permit No: M2001046
• IBM Index Class Name: Permit File
• Doc Date: 7/13/2001
• Doc Name: Response to Objection Letter
• From: Banks and Gesso LLC
• To: Wilson Farms
• Media Type: D
• Archive: No

~~ Banks and Gesso, LLC
~~
July 12, 2001
Mrs. Bobbie Wilson
Wilson Farms
9268 Weld County Road 28
Platteville, CO 80651
RECEtVE[~
JUL 1 3 2001
Division of Minerals and Geology
RE: Nix Sand and Gravel Mine
Dear Mrs. Wilson:
720 Kipling St.,Suite117
Lakewood, Colorado 80215
[phone]
Fax [phone]
www. banksandgesso.com
On behalf of our client, Owens Brothers Concrete Company, we are providing you with
the following information to help address your concerns regarding the groundwater
issues associated with the Nix Sand and Gravel Mine. The information is based on
concerns raised in your letters in May and June 2001 to Chris Gathman at the Weld
County Planning Department.
The State Engineer and Division of Minerals and Geology are the regulating authorities
for sand and gravel mining projects such as that proposed by our client. Rules and
regulations are in place to protect all nearby structure and well owners, such as
yourself, from possible damages that may occur during and after operations. Concerns
of a dropping water table and possible damages to neighboring water wells, springs,
and wetlands are addressed below. Possible methods for recharging the alluvium in the
case of a decreasing water table are also discussed.
As you know, Owens Brothers has submitted a Substitute Supply Plan to the State
Engineers Office for review and approval. The plan pertains to the groundwater issues
associated with excavatii iy ueiow tine water table. The purpose of the State Engineer's
review is to ensure that water rights in the area of a mining operation are protected, as
required through Senate Bill 120, which was enacted in 1989. Substitute Supply Plans
are approved for two-year periods. They are subsequently reviewed every two years
until the completion of the reGamation process. The State Engineer also reserves the
right to revoke or require modification to a plan at any time should it be determined that
injury to other vested water rights in the area has occurred or will occur. The State
Engineer will also notify well owners within 600 feet of the proposed site of changes to
the plan by certified mail. If their office receives responses from the notified well
owners, the State will then schedule a hearing within the time set forth in the notice.
As you are probably aware, water rights in the area surrounding the operation are more
senior than those in the proposed gravel mine. Therefore, the more senior rights are