2011-07-01_REVISION - M1977129 - Laserfiche WebLink

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TO: CC: FROM: DATE: RE: DEPARTMENT OF NATURAL RESOURCES C EO) JUL 29 201 DMzion v7 r,eciamaiirn, Mining Grd S c} DIVISION OF WATER RESOURCES Response to Reclamation Permit Application Consideration ` Travis Marshall, Environmental Protection Specialist INIS f Division 4 Office; District 42 Water Commissioner Karlyn Adams, Water Resources Engineer K_Air� 40(2,0011i June 28 2011 / Whitewater Pit 500, File No. M- 1977 -129" Section Twp - 12 South, Rng 99 West, 6th P.M., 'mesa County Operator: Whitewater Building Materials Contact: Whitewater Building Materials S 10th Street P.O. Box 1769 Grand Junction, CO 81502 (970) 242 -7538 Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 http://water.state.co.us John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director /State Engineer RECEIVED JUL 1 2011 GRAND JUNG i iOry -HELD OFFICE DIVISION OF RECLAMATION MINING & SAFETY CONDITIONS FOR APPROVAL ® The proposed operation will consume ground water by: ® evaporation, ® dust control, ❑ reclamation, ® water removed in the mined product, ❑ processing, ❑ other: This site currently operates under permit no. 60774 -F, which allows for evaporation (1805.23 AF /yr), gravel Toss (22.07 AF /yr), and dust control uses (22.00 AF /yr) for a gravel pit that exposes up to 442.73 acres of ground water. This permit is valid. The applicant has indicated plans to use other water for: ❑ uses at the permit site, ® storage in the excavated area(s), ® other: A field inspection dated June 2, 2011 indicated that there is an inlet pipe at the lake. 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. COMMENTS /NOTES: This well permit was issued at a time when water was available for appropriation in this area of the Gunnison River basin; since this time this area has become over - appropriated. This office reserves the right to, in the future, require that the owner of the gravel pit acquire an augmentation plan that replaces out of priority depletions associated with the uses at the gravel pit and a well permit that operates in accordance with said plan. The applicant stated in a letter to DRMS dated April 26, 2011 that all exposed ground water is covered by a court approved augmentation plan, 93CW169; however, appears this court case does not reference this pit or an augmentation plan. However, it appears there are two court cases that pertain to the water rights associated with this pit, court case nos.89CW169 and 96CW94. Please have the applicant provide a copy of the court decreed augmentation plan that indicates the correct court case number.