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DEPARTMENT OF NATURAL RESOURCES <br />M61 C <br />DIVISION OF WATER RESOURCES <br />Response to Reclamation Permit Application Consideration <br />DATE: October 6, 2010 <br />TO: Jared L. Ebert, Environmental Protection Specialist <br />CC: Division 1 Office, District 1 Water Commissioner <br />FROM: Justina P. Farris, Physical Science Researcher Scientist -TPF <br />Bill Ritter, Jr. <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director/State Engineer <br />ACT 0Q i0 <br /> <br />01.1 Divisto F1 ,, i <br />RE: Operator: Konig Ag Co.; Konig Borrow Pit; File No. M-2010-055 Yinin0 and Syi8 y <br />Section 11, Twp 10 N, Rn 62 W, 6th P.M., Weld 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 other water for dust control purposes at the permit site. The <br />source of water for this use is to be obtained from off-site via water trucks. Applicant should be able to <br />document that this water came from a source approved for industrial use. Applicant should contact the <br />water 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 may contact the State Engineer's Office with any questions. <br />A <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 O Phone: 303-866-3581 • Fax: 303-866-3589 <br />www.water.state.co.us