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DEPARTMENT OF NATURAL RESOURCES AM d J DIVISION OF WATER RESOURCES ECEIVED 16 02 2011 4-o Division of Reclamation, Mining & Safety Response tes o Reclamation Permit Application Amendment Consideration DATE: December 2, 2011 TO: Berhan M. Keff ew, Environmental Protection Specialist CC: Division 1 Office, District 1 Water Commissioner John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director /State Engineer FROM: Justina P. Farris, Physical Science Researcher Scientist RE: Operator: The Denver Brick Co. c/o Acme Brick Co.; Bijou Clay Mine; File No. M- 1997 -007 Section 11, Twp 8 S, Rng 62 W, 6th P.M., Elbert County 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 will consume ground water by: ❑ evaporation, ❑ dust control, Ereclamation, ❑ 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. ❑ 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. ❑ The proposed operation may have potential impact on existing water rights near the project location. Applicant needs to demonstrate 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 dust suppression as necessary at the permit site. Per the applicant, the source of water for this use is to be obtained from a municipal source and trucked to the site when needed. Applicant should be able to document that this water came from a source approved for industrial use. Applicant should contact the water commissioner for further information. ❑ The applicant has not identified any proposed use of water at the permit site. If water will be used for any purpose at this site, the applicant will need to document that the water was obtained from a legal source, the water was diverted in priority under a water right decreed for such industrial use or the use of water was approved by the Colorado Ground Water Commission for such industrial use. COMMENTS: The applicant may contact the State Engineer's Office with any questions. Office of the Statl Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -2223 www.water.state.co.us