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~,~_wr <br />COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX (303) 866-3589 <br />~~.OF'eOtO <br />DEC 1 5 2Q05 y=, ~~o <br />Division of Miaerals and GeBlotJy ~'"~ <br />r8r6 <br />www.watecstaie.co.us Response to Reclamation Permit Application Consideration <br />DATE: December I5, 2005 <br />TO: Steve S. Shuey, Senior Environmental Protection Specialist <br />CC: Division 4 Office; District 40 Water Commissioner <br />FROM: Cynthia J. Love, Water Resource Engineer <br />RE: Operator: Benson Brothers, Benson Brother Red Shale Pit, File No. M-2005-071 <br />Section 13, Twp 13 S, Rng 95 W, 6th P.M., Delta County <br />Landowner- Benson Brothers <br />Bill Owens <br />Governor <br />Russell George <br />Executive DireROr <br />Hal D. Simpson, P.E. <br />State Engineer <br />CONDITIONS FOR APPROVAL <br />® The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground water must not <br />occur during or after mining operations. <br />^ The proposed operation will consume ground water by ^evaporation, ^dus[ control, ^reclamation, ^water <br />removed in the mined product, ^processing, ^other: <br />Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pit or other type <br />of well permit, as applicable. Prior to obtaining a permit, an approved water supply plan or decreed plan for <br />augmentation is required. <br />^ Prior to approving a well peanit, the applicant must conduct a field inspection of the site and document the <br />locations of all wells within 600 feet mile of the permit area. The applicant must then obtain a waiver of <br />objection from all well owners with wells within 600 feet of the permit area or contact this office regarding the <br />600 foot spacing notificatiotl/hearing process. <br />^ The proposed operation may have potential impact on existing water tights near the project location. Please <br />provide evidence that the proposed project will not alter or impact the historic operation of existing water rights. <br />^ The applicant has indicated plans to use other water for: dust control uses at the permit site, -storage in <br />the excavated area(s). The applicant will need [o provide evidence to this office that the water is permitted or <br />decreed for such uses. <br />^ Other: <br />COMMENTS: The applicants state that water for dust control will be obtained by the operator by hauling water from <br />an offsite, adjudicated water right. The applicant should provide the name of the water right and all applicable water <br />court case numbers. <br />