2011-05-23_REVISION - M1986002

• Permit No: M1986002
• IBM Index Class Name: REVISION
• Doc Date: 5/23/2011
• Doc Name: Response to CN-01 application consideration
• From: DWR
• To: DRMS
• Type & Sequence: CN1
• Email Name: THM
• Media Type: D
• Archive: No

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DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
? ?' ?? RECEIVED John W. Hickenlooper
Governor
JUN 08 2011 MAY 2 3 2011 ? Mike King
Executive irector
Div4 GRAND JUNG I IUN € IELD OFFM Dick Wolfe, P.E.
sion of reclamation, DIVISION OF Director/State Engineer
Mining and Safety RECLAMATION MINING & SAFETY
Response to Reclamation Permit Conversion Application Consideration
TO: Travis Marshall, Environmental Protection Specialist
CC: Division 4 Office; District 42 Water Commissioner
FROM: Karlyn Adams, Water Resources Engineer V1_ ! 4b I?zjl 1
DATE: May 18, 2011 /
RE: Craig Ranch Pit, File No. M-1986--0_;02/
Section 28, Twp 12 South, Rng 99 West, 6th P.M., Mesa County
Operator: United Companies of Mesa County (Oldcastle SW Group, Inc) V
Contact: Peter Kearl, United Companies of Mesa County
2273 River Road
Grand Junction, CO 81505
[phone]
CONDITIONS FOR APPROVAL
® The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground
water must not occur during or after mining operations.
® The proposed operation may have potential impact on existing water rights near the project location.
Please provide evidence that the proposed project will not alter or impact the historic operation of
existing water rights.
® The applicant has indicated plans to use other water for: ® uses at the permit site, ® storage in the
excavated area(s), ? other: . The applicant will need to provide evidence to this office that
the water is permitted or decreed for such uses.
® Other: If storm water is not diverted or. captured in priority, Colorado Water Law requires it to be
released, or replacement for evaporation will be required of the impounder/operator/owner of the
gravel pit. Any exposed ground water must be backfilled. immediately until a well permit issued
pursuant to CRS 37-90-137(2), allowing the exposure of ground water in a pit, is obtained from the
State Engineer.
COMMENTS/NOTES: The applicant proposes to capture storm water runoff in a permanent 2.24 acre
sediment pond for infiltration into the ground water, evaporation, and possible wildlife uses. If this water is
not released within 72 hours of capture or is used for any beneficial use, replacement for depletions will be
required to prevent injury to the stream system. If the applicant wishes to have dominion and control of this
water past 72 hours or put the water to beneficial use, a Substitute Water Supply Plan approved by the State
Engineer or a court decreed augmentation plan will be required to assure that the applicant's use of the
water does not cause injury to the stream system.
The applicant has supplied a copy of a lease agreement with McCurter Land Company for 21 acre-feet of
water for onsite uses relating to the mining operation. It should be noted that in the lease agreement, this
water is available only upon a decree being issued by the Division 4 Water Court that allows for a change in
water right for the proposed uses. To date, the proposed water court case referenced in this lease
agreement is not decreed. This case was published to the Division 4 Water Court in the March 2011 resume
under court case no. 11CW32. As currently proposed in the court application, there is approximately 16
acre-feet of water available for the Craig Ranch Pit, not 21 acre-feet as the DRMS application suggests.
Until a change is decreed by the court, no water is available for use at the Craig Ranch Pit under this lease
agreement. Furthermore, if a decree is issued in the future there is no guarantee that the entire 21 acre-feet
required by the applicant will be approved.
Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: [phone] • Fax: [phone]
www. water, state. co.us