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r ' Motion for Conditions Permit Application No. M-2005-080 Page 2 oF9 Objections; Regular 112 Construction Materials New Application, Allen Drilling and Excavating Co., Inc., Allen Pit, File No. M-2005-080, May 5, 2006 (Revised June 2, 2006), by the Division of Minerals and Geology ("Division"), states that the water supply for the operation will be provided by an on-site well. As part of said amendment, Applicant shall submit to the Division an engineering report showing the following: how the water will be used, how the hydrological balance will be maintained, the timing of lagged depletions to the stream due to pumping of an on- site well, and how said depletions from the well pumping will be replaced in accordance with the regulations of the Office of the State Engineer. The Applicant shall fully comply with all applicable water laws and regulations. Specifically, no mining or concrete batching, crushing dust control, processing or other operations are allowed on the site until a well permit approved by the Office of the State Engineer with a State Engineer-approved substitute water supply plan or a Water Court-decreed plan for augmentation aze obtained by Applicant and copies provided to the Division. This includes all operations that could require water (construction of the haul road, which could require dust suppression, formation of any stockpiles, and any excavation on the working face(s) of the quarry, as well as gravel washing process and concrete batching [see letter dated April 13, 2006 from W. W. Wheeler and Associates, Inc., included as part of the Applicant's Response to First Adequacy Review Comments]). Prior to the use of any water for dust suppression, gravel washing and/or concrete batching activities, the Applicant shall identify the source of the water to be used and shall provide documentation that the water has been obtained from a legal source, and water usage will occur under a State Engineer- approved substitute water supply plan under C.R.S. § 37-92-308, or under a Water Court-approved plan of augmentation under C.R.S. § 37-92-101, et seq., and submit such information and approvals to the Division, with a copy to the Office of the State Engineer. Rationale. hi a letter dated April 13, 2006 from W. W. Wheeler and Associates, Inc. (included as part of the Applicant's Response to First Adequacy Review Comments), the following is stated: "The water supply for the project will be obtained from an on-site well.... The on-site well will obtain its water supply from the alluvial aquifer of the Middle Fork of the South Platte River." The Mineral Rules and Regulations of the Colorado Mined Land Reclamantion Board for the Extraction of Construction Materials (the "Board Rules") state in Boazd Rule 3.1.6(1) of the Reclamation Performance Standards: "(1) Hydrology and Water Quality: Disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity