PERMFILE121935

• Permit No: M2005071
• IBM Index Class Name: Permit File
• Doc Date: 12/15/2005
• Doc Name: Response
• From: OSE
• To: DMG
• Media Type: D
• Archive: No

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