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Memorandum to Harvey W. Curtis <br />June 14, 2006 <br />Page 4 <br />MLRB requirements: Rule 3.1.6(1)(a) requires that disturbances to the prevailing hydrologic <br />balance and to the quantity of water in ground water systems be minimized by measures including, <br />but not limited to, compliance with applicable water laws and regulations governing injury to <br />existing water rights. <br />Discussion: There was no correspondence from the Office of the State Engineer in the DMG <br />files. The only document found was a standazd notice from DMG to the Division of Water <br />Resources (DWR), notifying DWR of the location of the proposed surface extraction of construction <br />materials, and indicating that a copy of the application would be available for review at either the <br />Clerk & Recorder's office or at the DMG office. No information about ground water was provided <br />to the DWR. There was no State Engineer's Response to the Regular 112 Operation Reclamation <br />Permit Application contained in the DMG files from either the Division of Water Resources or the <br />Office of the State Engineer. <br />When a proposed mining operation will cause the consumption of ground water, the <br />following standard conditions are typically imposed by the Office of the State Engineer in response <br />to the DMG's request for review (with the appropriate boxes checked): <br />"The proposed operation will consume ground water by: ^ evaporation, ^ dust control, ^ <br />reclamation, ^ water removed in the mined project, ^ processing, ^ other. Prior to <br />initiation of these uses of ground water, the applicant will need to obtain either a gmvel pit or <br />other type of well permit, as applicable. However, prior to obtaining a permit, an approved <br />water supply plan or decreed plan for augmentation is required." <br />"The applicant must show that no injury to other vested water rights will occur as a result <br />of this quarry project." <br />As noted in the following documents, the proposed operation will consume ground water at a <br />minimum through evaporation, dust control, and processing: <br />a) See item # 1 above and the attached June14, 2006 memorandum from Jon Ford, Leonazd <br />Rice Engineers, Inc. (Objectors' Exhibit 20) which provides evidence that exposure of <br />ground water will occur at a mining depth of 10 feet, which will cause subsequent <br />evaporation of the ground water. <br />b) The applicant states in its Exhibit G (Water Information), "Consumptive use of water will be <br />as dust suppression on the haul road, stockpiles and working face." <br />c) In a letter dated April 13, 2006 from W. W. Wheeler and Associates, Inc. (included as part of <br />the Response to First Adequacy Review Comments), the following is stated: "The annual <br />water requirement for the project is approximately 3.0 acre-feet. Of this total amount, <br />approximately 1.65 acre-feet will be consumed as evaporation loss in the gravel washing <br />process and in the concrete batching process." <br />Conclusions: Prior to initiation of any dust suppression, gravel washing, and concrete <br />batching activities which will use ground water, the applicant must obtain a gravel pit or other type <br />of well permit from the DWR. Also, prior to obtaining a gravel or well permit, an approved <br />substitute water supply plan or decreed plan for augmentation will be required. Both of these <br />requirements should be made conditions of approval of the MLRB permit, and no mining or other <br />activities that will cause consumption of ground water (e.g., surface mining activities above the <br />LEONARD RICE ENGINEERS. INC. <br />