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~~~~~~~~ <br />APR 2 9 2008 '~ <br />pct; OF COlO,p ` EPARTMENT OF NATURAL RESOURCES Division of Reclamation, <br />~Q~ ~ 9o DIVISION OF WATER RESOURCES <br />~ * Bill Ritter, Jr. <br />'f j g 76 ~` Governor <br />Response to Reclamation Permit Application Consideration Hams D. Sherman <br />Executive Director <br />Dick Wolfe, P.E. <br />DATE: April 28, 2008 Director <br />TO: G. Russell Means, Environmental Protection Specialist <br />CC: Division 4 Office, District 61 Water Commissioner <br />FROM: Sarah K. Reinsel, E.I.T. <br />RE: Operator: Nuvemco LLC; Last Chance #3 & #4; File No. M-2008-012 <br />Section 12, Twp 46 N, Rng 18 W, New Mexico (10th) P.M., Montrose County <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 will consume ground water by: ^ evaporation, ^ dust control, ^reclamation, <br />^ water removed in the mined product, ^ processing, ^ other: <br />Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pit or <br />other type of well permit, as applicable. However, prior to obtaining a permit, an approved water supply <br />plan or decreed plan for augmentation is required. <br />^ Prior to approving a well permit, the applicant must conduct a field inspection of the site and document <br />the locations of all wells within 600 feet 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 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 water for unspecified purposes at the permit site. The water for <br />these uses is to be hauled in as needed with a pickup truck and water tank. If any of this water is to be <br />used for industrial purposes at the site, the applicant will need to document that this water was diverted <br />in priority under a water right decreed for such industrial use. Applicant should contact the water <br />commissioner for further information. <br />^ The applicant has not identified any proposed use of water at the permit site. If water will be used for <br />any purpose at this site, the applicant will need to document that the water was obtained from a legal <br />source, the water was diverted in priority under a water right decreed for such industrial use or the use of <br />water was approved by the Colorado Ground Water Commission for such industrial use. <br />COMMENTS: The applicant has obtained a discharge permit from CDPHE-WQCD for the Last Chance Mine, <br />valid through midnight, September 30, 2011. <br />The applicant may contact the State Engineer's Office with any questions. <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 />