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~~, ~ S ~" STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Departrnent of Natural Resource <br />1713 Sherman SReet, Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FN( (3031866-3589 <br />„ vnrvemferstaie.co.~- : - ._ .~ <br />c <br />ti <br />e ~ <br />n <br />~ raT6 ~ <br />_ T1 Divislnn of Minerals aid. Geology _,_,_,_- ~- _ _ _ ~- aai owe^: <br />Russell George <br />&ecW,e DireROr <br />Response to Reclamation Permit Application Consideration nd o. Simpson, P.E. <br />State Engineer <br />DATE: September 15, 2005 <br />TO: Thomas A. Schreiner, Environmental Protection Specialist <br />CC: Division 1 Office, District 7 Water Commissioner <br />FROM: loana Comanlciu, E.I.T. <br />RE: MMRR Quarry, File No. M-2004-1767 <br />Operator: Clear Creek District Water Providers, LLC-303-773-1005 <br />Contact: Banks and Gesso, LLC-Paul Gesso-303-274-4277 <br />Section 26, Twp 3 South, Rng 72 Wesl, 6th P.M., Gilpin County <br />This letter is an amendment to our letter dated May 2, 2005, <br />CONDITIONS FOR APPROVAL <br />^ The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground <br />water must not occur during or after mining operations. <br />® The proposed operation wilt consume ground water by: ®evaporation, ^ dust control, ®reclamation, <br />®water removed in the mined product, ^ processing, ^ other: Based on the Lyman Henn, Inc. geo- <br />lechnical report dated August 19, 2005 the proposed operation will exposed ground water, therefore <br />based on this new information please note the following: Prior to initiation of these uses of ground water, <br />the applicant will need to obtain either a gravel pit or other type of well permit, as applicable. However, <br />prior to obtaining a permit, an approved water supply plan or decreed plan for augmentation Is required. <br />This project will also aHeet two unnamed drainage-ways (surface water) located in the quarry area and <br />that will flow only as a result of rainfall or snowmelt. The applicant must show that no injury to other <br />vested water rights will occur as a result of this quany project. <br />® Prior to approving a well permit, the applicant must conduct a field inspection of the site and document <br />the IocaOons of all wells within 600 feet of the permit area. The applicant must then obtain a waiver of <br />objection from all we{I owners with wells vdthin 600 feet of the permit area or request a Hearing before <br />the State Engineer. <br />^ The proposed operation may have potential impact on existing water rights near the project location. <br />Applicant needs to demonstrate that the proposed project will not alter or impact the historic operation of <br />existing water rights. <br />^ The applicant Has indicated plans to use other water for purposes at the permit site. The source <br />of water for this use Is to be obtained from Applicant needs to document that this water was <br />diverted in priority under a water right decreed for such industrial use. Applicant should contact the <br />water commissioner for further Infonnatlon. <br />® The applicant has identified that the water requirement for dust control will be trucked into the site. If <br />water will be used for any other purpose at this sfle, the applicant wilt need to document that the water. <br />was obtained from a legal source, or the water was diverted in priority under a water right decreed for <br />such industrial use. <br />COMMENTS: ff stonnwaler runoff is intercepted by this operation and is not diverted or captured in priority, it <br />must be released to the stream system within 72 hours. This may require a discharge permit from CDPHE- <br />WOCD. Otherwise, the operator will need to make replacements for evaporation. <br />The applicant may contact the State Engineer's Office with any questions. <br />RECEIVED <br />"5EP 1 5 2005 <br />EXHIBIT A <br />