PERMFILE129329

• Permit No: M2007009
• IBM Index Class Name: Permit File
• Doc Date: 3/2/2007
• Doc Name: Response
• From: OSE
• To: DRMS
• Media Type: D
• Archive: No

~I'ATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division o/ Water Resources
Department of Natural Resources
1313 Sherman Street, Roam 818

Denver, Colorado 80203
Phone [phone]
FAX [phone]
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Bill Ritter, Jr.
Gavemor
Response to Recl amation Permit Application Consideration Hams D. Sherman
Executive Director
DATE: February 28, 2007 State Engineer R E
TO: Deb E. Gonima, Environmental Protection Specialist
CC: Division 1 Office, District 1 Water Commissioner
FROM: Sarah K. Reinsel, E.I.T. ~ ,/
RE: Operator: The Denver Brick Company; Kiowa Clay Mine; File No. M-2007-009
Section 19, Twp 9 S, Rng 61 W, 6th P.M., Elbert County
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, ^ 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 permit, as applicable. However, prior to obtaining a permit, an approved water supply
plan or decreed plan for augmentation is required.
^ Prior to approving a well permit, the applicant must conduct a field inspection of the site and document
the locations of all wells within 600 feet 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 request a hearing before
the State Engineer.
^ The proposed operation may have potential impact on existing water rights near the project location.
Applicant needs to demonstrate 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 purposes at the permit site. The source
of water for this use is to be obtained from Applicant needs to document that this water was
diverted in priority under a water right decreed for such industrial use. Applicant should contact the
water commissioner for further information.
^ The applicant has not identified any proposed use of water at the permit site. If water will be used for
any purpose at this site, the applicant will need to document that the water was obtained from a legal
source, the water was diverted in priority under a water right decreed for such industrial use or the use of
water was approved by the Colorado Ground Water Commission for such industrial use.
COMMENTS: If stormwater runoff is intercepted by this operation and is not diverted or captured in priority, it
must be released to the stream system within 72 hours. This may require a discharge permit from CDPHE-
WOCD. Otherwise, the operator will need to make replacements for evaporation.
The applicant may contact the State Engineer's Office with any questions.