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STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Wafer Resources Department of Natural Resources 1313 Sherman Stree[, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 www.watersta[e.m.us \Response to Reclamation Permit Application Consideration ,~ ~G / DATE: January 24, 2003 TO: Harry H. Posey, Senior Environmental Protection Specialist CC: Division 2 Office; Dis ct 12 Water Commissioner FROM; Don West, P.E. V RE: Penrose Ranch Pit, File No. M-1992-016 AM2 / Operator: Rocky Mountain Materials & Asphalt, Inc, Contact: Tom Smith 719/473-3100 Section 18, Twp 19S, Rng 68W, 6th P.M., Fremont County pF c0~0 (~~~I ~ +' ~ 1896 ~ Bill Owens Governor Greg E. Walther Executive DirecYOr Hal D. Simpson, P.E. State Engineer 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, ^ 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. ® 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. ® Other: The application states that this will be a dry mine operation above the water table; however, a small piece in the north end of the property will expose ground water. The applicant may not expose ANY ground water until a well permit is obtained and a plan for augmentation is decreed in water court or a substitute water supply plan is approved by this office. COMMENTS: Rob Mangone stated in a telephone call that the site currently uses water for dust control and that the water is purchased and hauled to the site. He stated that this will continue under this amendment; however, they are researching for a purchase or lease of water rights. Any water rights used on this site must be changed in water court for the type and place of use or used in an approved substitute water supply plan. The application states that small impoundments will be created to store storm water. All storm water must infiiltrate into the ground or be pumped out of the impoundment within 72 hours of collection, or all work must stop at the site until a substitute water supply plan is approved or a plan for augmentation is decreed in water court to account for the impounded water. Reclamation plans must also ensure that water will not be ponded for more than 72 hours on the reclaimed land.