2011-02-08_REVISION - M2009023

• Permit No: M2009023
• IBM Index Class Name: REVISION
• Doc Date: 2/8/2011
• Doc Name: Comments ‎(AR-01)‎
• From: DWR
• To: DRMS
• Type & Sequence: AR1
• Email Name: KAP
• Media Type: D
• Archive: No

DEPARTMENT OF NATURAL RESOURCES k 6-5)
DIVISION OF WATER RESOURCES Ar;_al
John W. Hickenlooper
Governor
Mike King
Executive Director
Dick Wolfe, P.E.
Director/State Engineer
Response to Reclamation Permit Partial Acreage Release Request Consideration
DATE: February 8, 2011
TO: Kate A. Pickford, Environmental Protection Specialist
CC: Division 7 Office; District 33 Water Commissioner
FROM: Caleb Foy, E.I.T. ri G?'f
FEB 0 8 : f
RE: Red Mesa Pit, File No. M-2009-023
Operator: Skanska USA Civil West Division gb : --
Mining and Safety
Contact: Craig Wickstrom, [phone] ext.113
Section 7, Twp 33N, Rng 12W, N.M.P.M., La Plata County
CONDITIONS FOR APPROVAL
® The proposed operation will consume ground water by: ® evaporation, ? dust control,
® reclamation, ? water removed in the mined product, ® processing, ® other: pit dewatering.
® Other: It is the conclusion of this office that the partial acreage requested may be released, so long
as it does not include any area where groundwater has been exposed, including Red Mesa Pit.
Additionally, it is the stron recommendation of this office that the applicant not be relieved of any
financial warranty/bond obligations corresponding to the backfilling of Red Mesa Pit. This office
will not recommend such release until either (a) ground water is no longer exposed and used from
the Red Mesa Pit, or (b) the applicant obtains a decreed plan for augmentation from the Water Court
to cover depletions associated with Red Mesa Pit.
COMMENTS: The I0`h Principle Meridian as designated in the notice is actually the New Mexico Principle
Meridian (N.M.P.M.). Permit No. 52962-F was issued on 12/6/1999 with an expiration date of 12/6/2000.
The applicant has not yet submitted information regarding the completion of the gravel pit or installation of
a pump in the pit. This office has initiated a process to confirm the validity of the permit, but will not know
the final status of the permit for approximately one month. Additionally, Permit No. 52962-F was approved
under the condition that the well (pit) shall not be operated unless it is included in a substitute water supply
plan (SWSP) approved by the State Engineer or a plan for augmentation approved by the Water Court.
Since the original SWSP, which expired 4/30/2000, the applicant has been out of compliance as there has
been no SWSP or plan for augmentation to cover depletions associated with uses allowed under the permit.
Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: [phone] • Fax: [phone]
http://water.state.co.us