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%~Y •, Gil <br />v <br />DEPARTM>~NT OF NATURAL OU ES <br />DIVISIQN 4F WATER RESOURCES <br />Response to Reclamation Permit Application Consideration <br />~~- <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Duector <br />Dick Wolfe, P.E. <br />Director <br />DATE: April 16, 2008 <br />TO: Kate Pickford, Environmental Protection Specialist <br />CC: Division 7 Office; Distr'ct 31 Water Commissioner ~~~rE~vE~ <br />FROM: Don West, P.E. A R ~ 6 ?a08 <br />RE: Bayfield No 1. Pit, File No. M-1987- 30 8 Division of Reciamati0n, <br />Operator: Oldcastle SW Group ~ Mining and Safety <br />Contact: Peter Kearl 9701884-9704 <br />Section 14, Twp 34N, Rng 7W, NM P.M., La Plata 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. If stonnwater is contained on-site, it must <br />infiltrate into the ground or be released to the natural stream system within 72 hours, or all work <br />must cease until a substitute water supply plan, or augmentation plan approved by water court, is <br />obtained. Reclamation plans must ensure water will not be retained onsite for more than 72 hours <br />unless an augmentation plan approved by water court is obtained. <br />® The proposed operation will consume ground water by: ®evaporation, ®dust control, <br />® reclamation, ®water removed in the mined product, ®processing, ^ other:. <br />^ Prior to approving a well permit, the applicant must conduct a field inspection of the site and <br />document the locations of all wells within 600 feet of the permit area. The applicant must then <br />obtain a waiver of objection from all well owners with wells within 600 feet of the permit area or <br />request a hearing before the State Engineer. <br />^ Other: <br />COMMENTS: Application stated that no changes were made to the water appendix of the existing DBMS <br />permit. However, DWR Water Commissioners are of the understanding that a new owner of this site does <br />not own the water rights for the augmentation plan used to operate this site. Applicant has also filed a new <br />application with the water court that is not decreed. Therefore, the outcome of the application is uncertain <br />and the future ability of the owner to replace depletions from operation at this site is uncertain. <br />The grave] pit has a gravel pit well permit, permit no. 63606-F, and this permit limits the water surface area <br />to 28.39 acres. The DBMS amendment application provided no information regarding the size of exposed <br />water surface area for this amendment <br />' Office of the State Engineer EXHIBIT <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />www.water.state.co.us a <br />s <br />