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<br /> <br />Mr. Robert C. Campbell <br />Colorado Divisio+i of Natural Resources September 24, 1979 <br />-2- <br />Referring to page G-2 in the JD-7 open pit application, Cotter had previously <br />indicated that water, in the amount of 21-31 acre-feet annually, was to be used <br />for dust control and domestic purposes. However, due to the use of a chemical <br />soil binder, annual project water requirements will be reduced to a quantity <br />not to exceed 2 acre-feet. At the present time, Cotter's Nucla office buys <br />water from a local supplier; all water for the JD-7 open pit will also be <br />purchased from a local supplier. <br />Accordingly, under the position taken in this matter by the State Engineer's <br />office, a well permit will not be required for this project, since water <br />pumped to the surface from the mine will not be put to a beneficial use. <br />Instead, water which seeps into the pit will be treated and discharged in <br />accordance with NPDES permit number CO-0036251, Montrose County. <br />In conclusion, Cotter's position with regard to the need for a well permit is <br />summarized below. <br />1. The proposed mining and reclamation program will have no detectable <br />effect upon, or cause injury to, the owners or users of vested water <br />rights. <br />2. The proposed mining and reclamation program will have no detectable <br />effect upon the prevailing hydrologic balance of the affected land or <br />the surrounding area, including the quality and quantity of water in <br />surface and ground water systems. <br />The reasons leading to these conclusions are as follows: <br />As stated in Exhibit G to Cotter's application, there are no surface waters <br />located on the affected lands, and the only water met in mining operations is <br />encountered in the form of occasional small bodies of water resting well <br />above the true groundwater table. Additional information indicates that: <br />(i) these bodies lie some 50 td 100 feet above the first aquifer (the Entrada), <br />(ii) they are non-contiguous, isolated bodies lying within the Salt Wash <br />Formation, and are underlain by lenticular barriers which prevent their <br />movement, <br />(iti,~ they are encountered intermittently enough that such holes spaced <br />as closely as one-hundred feet have shown no continuity of such bodies, <br />(iv) as such waters are encountered, they are treated for RA-226 removal <br />and discharged, <br />(v) except for the attached consulting hydrologist's report, diligent <br />inquiry by Cotter has yielded no additional hydrologic or geologic <br />information which would add further to the above, <br />