2011-02-28_REVISION - M1981185 (4)

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DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES john W. Hickenlooper Governor Mike Kin Executivebirector Dick Wolfe, P.F. . Director/State Engineer Response to Reclamation Permit Conversion Application Consideration DATE: February 7, 2011 TO: Wallace H. Erickson, Environmental Protection Specialist CC: Division 7 Office; District 33 Water Commissioner FROM: Caleb Foy,.E.LT. RE: May Day Idaho Mine Complex, File No. M-1981-1856 Operator: Wildcat Mining Corporation n? a %9frf96 Contact: George Robinson, (303) 832-7664 So f" y?an Section 28, Twp 36N, Rng 1 I W, N.M.P.., La Plata County CONDITIONS FOR APPROVAL ® Ifstormwater is contained on-site, it must infiltrate into the ground or be released to the natural stream system within 72 hours, or all work must cease until a substitute water supply plan, or augmentation plan approved by water court, is obtained. Reclamation plans must ensure water will not be retained onsite for more than 72 hours unless an augmentation plan approved by water court is obtained. The proposed operation will consume ground water by: ? evaporation, ® dust control, ? reclamation, ? water removed in the mined product, ® processing, ? other:, Prior to initiation of these uses of the ground water decreed in Case No. 80CW 133, the applicant will need to permit the structure which is diverting ground water (May Day Mine Portal). However, prior to obtaining a permit, an approved water supply plan or decreed plan for augmentation is requited. The applicant will need to provide evidence of commitment from Fairfield Land Co. to document the lease of water decreed in Case No. 80CW 133. The said decree adjudicated 0.09 CFS (40 GPM) of water, and not 0.22 CFS (100 GPM) as claimed in the application. Prior to approving a well permit, the applicant must conduct a field inspection of the site and document the locations of all wells within 600 feet of the permit area. The applicant must then obtain a waiver of objection from all well owners with wells within 600 feet of the permit area or request a hearing before the State Engineer. ® Prior to construction of a non jurisdictional size dam, the applicant must submit notice of intent to construct the dam on forms provided by the State Engineer (available online at littp / %vatet•.state.co.us/DWRIPtib/)octimentslds im ound. d not less than 45 calendar days prior to the proposed construction. Office of the State Engineer 1313 Sherman Street, Suite 818. Denver, CO 80203 • Phone: 303.866-3581 • Fax: 303-866-3589 http., lwater.state.coms