PERMFILE139661

• Permit No: M2005080
• IBM Index Class Name: Permit File
• Doc Date: 6/19/2006
• Doc Name: Motions for Conditions
• From: Harvey W. Cutris and Assoc
• To: DMG
• Media Type: D
• Archive: No

EXHIBIT B
MEMORANDUM
TO: Harvey W. Curtis, Esq.
FROM: Katie Fendel, P.E.
DATE: June 14, 2006
RE: Allen Drilling and'Excavation 122 Permit Application
File No. M-2005-080
This memorandum summarizes our review of the above application and its compliance with
applicable statutory and regulatory requirements. Inconsistencies between the application and the
requirements of the Colorado Land Reclamation Act for the Extraction of Construction Materials
("the Act") and the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board
for the Extraction of Construction Materials, as amended June 2005, ("MLRB Rules") are noted.
Pursuant to Rule 1.4.1(10), the applicant has the burden of demonstrating that the application meets
requirements of the Act, Rules, and Regulations.
1. Anolicant's statement: The applicant states: "Ground water will not be exposed." (Exhibit
G, Water Information, December 2005 112 Permit Application.)
MLRB requirements: As part of Exhibit G (Water Information), if the operation is expected
to directly affect the ground water system, the applicant shall provide an estimate of the project water
requirements including flow rates and annual volumes for the development, mining, and reclamation
phases of the project. (MLRB Rule 6.4.7(3)). MLRB Rule 3.1.6(1)(a) further requires that
disturbances to the quantity of water in ground water systems be minimized, includine but not
limited to, compliance with applicable Colorado water laws and regulations governing injury to
existing water rights. Section 34-32.5-116(4)(h) of the Colorado Land Reclamation Act for the
Extraction of Construction Materials requires that the reclamation plan shall conform to the
following requirement: Disturbances to the prevailing hydrologic balance and to the quantity of
water in groundwater systems, both during and after the mining operation and during reclamation,
shall be minimized. Section 34-32.5-116(4)(h) further notes that nothing in this section shall be
construed to allow the operator to avoid compliance with other statutory provisions governing well
pemuts and augmentation requirements and replacement plans when applicable.
Discussion: This project is expected to directly affect the ground water system through
evaporation of exposed ground water. According to the applicant, up to 15.8 acres will be mined at
any one time. (Apri117, 2006 Response to Second Adequacy Review Comments). The applicant
intends to mine approximately 10 feet deep. (Exhibit D- Mining Plan). Under the proposed mining
plan, significant quantities of ground water will be evaporated over the twenty yeaz life of the mine.
Evidence supporting the expected exposure of the ground water table is found in the attached
June 14, 2006 memorandum from Jon Ford, Leonard Rice Engineers, Inc. to Harvey Curtis, Harvey
W. Curtis and Associates. (See Objectors' Exhibit ZO). This information is briefly summazized
below.
1) The average annual depth to ground water will likely be approximately 10 to 14 feet at
the north end of the site, and approximately 8 to 9 feet at the south end and average about
9 feet. Limited evidence suggests that the seasonal fluctuation of the depth to water is on
LEONARD RICE ENGINEERS. INC.
2000 Ctav SrReer, StJITE 300, DewveR. COLORADO 802 1 1-51 1 9 • PHONE [phone] • Frx (303) 455-01 1