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DEPARTMENT OF NATURAL RESOURCES -DkC sSS <br />7 <br />DIVISION OF WATER RESOURCES ? <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director/State Engineer <br />Response to Reclamation Permit Application Consideration <br />TO: Dustin Czapla, Environmental Protection Specialist <br />CC: Division 6 Office; District 43 Water Commissioner; Mark Haynes, Chief of Dam Safety <br />FROM: Karlyn Adams, Water Resources Engineer <br />DATE: March 3, 2011 <br />RE: Lost Cause Pond, File No. M-2010-084 <br />Section 35, Twp 2 South, Rng 96 West, 6th P.M., Rio Blanco County <br />Operator: Lost Cause, LLC RECEIVED <br />Contact: Tim Mantle <br />Lost Cause, LLC MAR 0 3 2011 <br />27002 CR5 <br />Riffle, CO 81650 Division of Reclama&m, <br />(970) 878-5303 Mining & Safety c? <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, ? <br />reclamation, ? water removed in the mined product, ? processing, ® other: It is unclear whether <br />this pond exposes ground water. If the pond does expose ground water the pond will require a well <br />permit from the State Engineer's Office (SEO) or an impermeable lining to prevent the exposure of <br />ground water. <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 <br />supply plan or decreed plan for augmentation is required in overappropriated areas. This proposed <br />pit is located in a critical stream system. <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 obtain <br />a waiver of objection from all well owners with wells within 600 feet of the permit area or request a <br />hearing before the State Engineer. <br />? The proposed operation may have potential impact on existing water rights near the project location. <br />Please provide evidence 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: ® uses at the permit site, ® storage in the <br />excavated area(s), ® other: The applicant states intent to bring in water for dust control. Any water <br />brought on site must be from a legally available water supply. The pond must be able to make <br />releases from a low level outlet in the instance of a call on the stream system. <br />® Other: If storm water is not diverted or captured in priority, Colorado Water Law requires it to <br />be released, or replacement for evaporation will be required of the impounder/operator/owner of the <br />pond. The State Engineer's policy requires that all impounded water be released to the stream <br />system within 72 hours of impoundment. Unless captured in priority, impounded water may not be <br />used for any purpose except as approved under a water supply plan or decreed plan for <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />http://water.state.co.us