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f'' <br />~~~ ~ <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br /> <br />'~ ~ ~g * esponse to Reclamation Permit Application Consideration <br />DATE: February 21, 2008 . <br />TO: Travis H. Marshall, Environmental Protection Specialist <br />CC: Division 6 Office; District 44 Water Commissioner <br />FROM: Cynthia J. Love, Water Resources Engineer '~ <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Dick Wolfe, P.E. <br />Director <br />~~ V <br />RE: Operator: 3B Enterprises, LLC, Deakins Pit, File No. M-2001-060, AM-O1 .i..i~u~u.~~~~i~.~~ttsa-'il;E#1m791~ 11 <br />Section 6, Twp 6 N, Rng 90 W, 6th P.M., Moffat County ~~~~ <br />Landowner- PML Land Com an <br />CONDITIONS FOR APPROVAL <br />^ The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground water must not <br />occur during or after mining operations. <br />® The proposed operation will consume ground water by ®evaporation, ®dust control, ®reclamation, ®water <br />removed in the mined product, ®processing, ®other: the irrigation of 23 acres. Prior to initiation of these uses <br />of ground water, the applicant will need to obtain either a gravel pit or other type of well permit, as applicable. <br />Prior to obtaining a permit, an approved water supply plan or decreed plan for augmentation is required in <br />overappropriated areas. Currently this location is not considered overappropriated, however, if this area becomes <br />overappropriated, augmentation will be required. <br />® Prior to approving a well permit, the applicant must conduct a field inspection of the site and document the <br />locations of all wells within 600 feet mile of the permit area. The applicant must then obtain a waiver of <br />objection from all well owners with wells within 600 feet of the permit area or contact this office regarding the <br />600 foot spacing notification/hearing process. <br />^ The proposed operation may have potential impact on existing water rights near the project location. Please <br />provide evidence that the proposed project will not alter or impact the historic operation of existing water rights. <br />^ The applicant has indicated plans to use other water for: uses at the permit site, storage in the excavated <br />area(s). The applicant will need to provide evidence to this office that the water is permitted or decreed for such <br />uses. <br />^ Other: <br />COMMENTS: Permit Nos. 56343-F and 59661-F (both cancelled) were previously issued for the site. Permit No. <br />64121-F was issued for the expansion of an existing pond to a surface area of 10 acres. However, no construction <br />information has been received for the expansion. The applicant must submit to this office proof that the expansion was <br />completed prior to the permit expiration date (April 13, 2007), along with a $30 late filing fee, in order to maintain a <br />valid permit. Alternatively, if the surface area of the existing pond will be increased (thereby increasing evaporation) or <br />if any of the other uses will increase over the currently permitted amounts, the existing permit must be amended. It also <br />appears that a new pond will be created in the newly acquired area. An additional well permit must be obtained prior to <br />the exposure of ground water in the proposed pond. <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />www.water.state. co. us <br />