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Mike Boulay <br />Rule 2.04.7 Hydrology Description <br />-5- July 8, 2011 <br />7. Please refer to the enclosed comment letter from the Division of Water <br />Resources, Office of the State Engineer (SEO) dated October 28, 2010. The <br />SEO has identified several concerns with the proposed project as summarized <br />below. <br />• If the area becomes overappropriated, the storage of surface water in <br />sediment ponds would be subject to administration. The SEO recommends <br />that a water court decree be obtained to affirm the priority of the storage of <br />storm water. <br />• If any of the sediment ponds expose groundwater, the pond must be <br />backfilled immediately until a well permit issued pursuant to CRS 37-90 - <br />137(2), allowing the exposure of groundwater in a pit is obtained from the <br />State Engineer. <br />• The SEO has no records of permits for the existing monitoring wells on site. <br />As stated in the SEO's letter, if these wells were completed without a valid <br />monitoring hole notice or well permit the applicant needs to take immediate <br />action to plug or permit the wells. <br />• Last, the SEO notes that the applicant states that portions of the site may <br />affect current surface water diversions. If at any point the applicant's <br />operations will affect surface diversions they should consult with the local <br />water commissioner to assure no injury to water rights occur. <br />Please address each of these concerns and provide a response and amended <br />application materials, if appropriate. <br />CAM Response: Based on the new hydrology design, using BMP's instead of <br />relying solely on sediment ponds, the first two concerns of the SEO are no longer <br />applicable for the majority of the site. There will be two new ponds as shown on <br />Map -16, and CAM will not expose groundwater, nor will long term storage of <br />stormwater runoff be of concern as the pond will be dewatered as outlined in <br />section 2.05.3(4). The ponds will be dewatered once the water level is above the <br />maximum sediment level, and /or 48 hours after a precipitation event. The well <br />permit applications have been submitted to the SEO. <br />Division Response: CAM's response was forwarded to the SEO for their review <br />and we are waiting to see if they have any further comment. The Division <br />believes that CAM's response was appropriate and adequate. Please <br />incorporate the SEO well permit applications and the approved well permits <br />when they are obtained into an appropriate section of the PAP. <br />