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DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES Response to Reclamation Permit Application Consideration DATE: September 8, 2011 TO: /Eric C. Scott, Environmental Protection Specialist CC: Division 1 Office, District 5 Water Commissioner FROM: Sarah Brucker, P.E. RE: Nelson Mining Resource, Permit No. M- 2005 -059 Operator: Dan Hunt, Asphalt Specialties Co., Inc., (303) 289 -8555 Contact: Rob Laird, Asphalt Specialties Co., Inc., (303) 289 -8555 Sec. 31, Twp. 3N, Rng. 67W, 6th P.M., Weld County CONDITIONS FOR APPROVAL John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director /State Engineer ❑ The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground water must not occur during or after mining operations. The proposed operation will still consume ground water by: ® evaporation, ❑ dust control, reclamation, ❑ water removed in the mined product, ❑ processing, ❑ other: Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pit or other type of well permit, as applicable. However, prior to obtaining a permit, an approved water supply plan or decreed plan for augmentation is required. COMMENTS: The mining operation has requested to put their mining operation into a state of temporary cessation of mining. The period of cessation may begin on August 26, 2011 and may last for up to five years from that date. Photographs from the field inspection conducted by the DRMS on June 16, 2011, show a large amount of standing water at the site. An approved substitute water supply plan or a decreed plan for augmentation to replace evaporative depletions at the site is required in order to prevent material injury to decreed water rights. A substitute water supply plan was approved for this site on January 19, 2006, covering operations for the period of January 1, 2006 through December 31, 2007. To date, this office has not received a request for renewal of a substitute water supply plan for this site. RECEI ED SEP 12 2011 Division of Reclamation, Office of the State Engineer V Mining & Safety 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 www.water.state.co.us