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application indicates that wash and/or process water will not be utilized. Depletions to water <br />rights associated with wash and/or process water are not anticipated. <br />5. Pursuant to Colorado Revised Statute (C.R.S.) section 34-32.5-116(4)(h) and Construction <br />Materials Rule 3.1.6(1)(a), the proposed operation must comply with applicable Colorado water <br />laws and regulations governing injury to existing water rights. The Division would not have <br />recommended approval of the application if the application had not demonstrated compliance <br />with the requirements of C.R.S. 34-32.5-11,6(4)(h) and Rule 3.1.6(1)(a). <br />The Office of the State Engineer, Division of Water Resources, is the lead agency for water rights <br />issues and the Division of Reclamation, Mining and Safety defers to the Division of Water <br />Resources for water rights issues. On April 3, 2009 the Division of Water Resources issued their <br />recommendation for approval of the Red Mesa Pit application. In that document, the Division of <br />Water Resources stated, "...The exposed ground water at the existing Red Mesa Pit has been <br />addressed by the Division of Water Resources in a letter dated January 3, 2002. Mining of the <br />remaining portion of the pit under this permit will not expose any additional ground water or <br />impact any surface water rights." Please find enclosed copy of the April 3, 2009 correspondence <br />from the Division of Water Resources. <br />As noted above, the Applicant has committed to mining above the water table and will not expose <br />ground water in addition to the existing pond already addressed by the Division of Water <br />Resources. Therefore, the application demonstrates compliance with the applicable sections of <br />C.R.S. 34-32.5-116(4)(h) and Rule 3.1.6(1)(a). Furthermore, compliance with Colorado water <br />laws and regulations governing injury to existing water rights is verified by the April 3, 2009 <br />correspondence from the Division of Water Resources. <br />Thank you for your participation in these proceedings. Please contact me at the Division's office <br />in Durango at 691 County Road 233, Suite A-2, Durango, CO 81301, phone (970) 247-5469, if I <br />can answer any questions or be of greater service. <br />Sincere) <br />CY- <br />Wallace H. Erickson <br />Environmental Protection Specialist <br />Enclosure: Response to Reclamation Permit Application Consideration, from the <br />Office of the State Engineer, Division of Water Resources, dated April 3, 2009. <br />cc: Craig Wickstrom, Skanska