2003-06-18_REVISION - M1998013 - Laserfiche WebLink

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BLC DEVELOPMENT,LLC P.O. Box 72 Lucerne, CO 80646 (970) 353-7055 June 16, 2003 Greg E. Watcher Executive Director Division of Minerals and Geology RECEIVED Department of Natural Resources 1313 Sherman Street, Room 215 Denver, co so2o3 JUN 1 8 2003 / Robert W. Cattany Division of Minerals and Geofosy >~M _ l7 ' ~ Division Director Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 f..f ~- ~r oVrv` G ~ Denver, CO 80203 ` Re: Shores, Amendment to Permit No. M-1998-013, and all Subsequent Revisions Gentlemen: This is a supplement to our letter dated June 11, 2003. We previously indicated that the Permittee under the above permit was operating a gravel mine without a Gravel Mine Well Permit issued by the State Engineer's Office. We have since verified this to be true. This is a violation of CRS 37-90-137 which states: "No person shall, in connection with the extraction of sand and gravel by open mining as defined in section 34-32-103(9), C.R.S., expose ground water to the atmosphere unless said person has obtained a well permit from the state engineer pursuant to this section. A well permit shall be issued upon approval by the water court of a plan for augmentation or upon approval by the state engineer of a plan of substitute supply; except that no increased replacement of water shall be required by the water court o the state engineer whenever the operator or owner of land being mined has, prior to January 15, 1989, entered into and continually thereafter complied with a written agreement with a water conservancy district or water users' association to replace or augment the depletions in connection with or resulting from open mining of sand and gravel". We are enclosing a copy of the complete file from the State Engineers Office, except for the large maps and plats, which could not be copied with the copy facilities available in the State Engineers Office. Examination of the file documents verifies that: 1. Permitee has not received a Temporary Plan of Substitute Supply Plan for mitigation of stream loss.