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DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />Response to Reclamation Permit Application Consideration <br />DATE: April 8, 2009 <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Dick Wolfe, P.E. <br />Director <br />TO: Wallace H. Erickson, Environmental Protection Specialist <br />CC: Division 7 Office; District 34 Water Commissioner <br />FROM: Sarah Reinsel, E.I.T. 61<? <br />RECEIVED <br />RE: Simmons Pit, File No. M-2009-024 vll? <br />Operator: Oldcastle SW Group, Inc., dba Four Corners Materials APR 09 609 <br />Contact: Peter Kearl <br />NW'/4 Section 31, Twp 36N, Rng 13W, N.M. P.M., Montezuma County YDMsion w necAwnanon, <br />N k*V and Safety <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 stormwater 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 initiation of.these uses of ground water, the applicant will need to obtain either a gravel pit <br />or other type of well permit, as applicable. However, prior to obtaining a permit, an approved water <br />supply plan or decreed plan for augmentation is required. <br />® The applicant has indicated plans to use water for dust control and crushing and screening <br />operations at the permit site. Water for these uses is to be obtained from a stock pond located to the <br />south of the mining area. Applicant needs to document that this water was diverted in priority under <br />a water right decreed for such industrial use. Applicant should contact the water commissioner for <br />further information. <br />? Other: <br />COMMENTS: An approved substitute water supply plan or decreed plan for augmentation is required <br />before any water from the stock pond may be used for industrial purposes at this site. The applicant states <br />that such a plan is currently being developed. <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