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~~~ ~~ SAM ~ ~ <br />STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER Q.op'c <br />Division of Water Resources } ~ r°.-"„ ,tea ,lam,-* n , F'~~~" <br />Department of Natural Resources ° *^-• ~*~ ~ ~' " s- , ~„/ '^ <br />• r <br />137 3 Sherman Street, Room 818 /fAN 0 2 2007 « <br />Denver, Colorado 80203 ~ te76 « <br />Phone (303) 866-3581 tvtston of Reclamation, Bill QNlr15 <br />FAX 1303) 866-3589 / ~ Mining and Safety <br />www.watecstate.co.us j/ Govem« <br />Response to Reclamation Permit Application Consideration ~I cenr~e <br />Fxxutive Director <br />DATE: December 19, 2006 Hal D. Simpson, P.E. <br />State Engineer <br />TO: Wallace H. Erickson, Environmental Protection Specialist <br />CC: Division 3 Office; District 35 Water Commissioner <br />FROM: Clay Kimmi, E.LT. <br />RE: Battle Mountain Resources San Luis Project, File No. M-198812 <br />Operator: Battle Mountain Resources, Inc <br />Contact: William Lyle (719) 379-0798 <br />Section 22, Twp 325, Rng 78W, 6th P.M., Costilla County <br />CONDITIONS FOR APPROVAL <br />^ The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground <br />water must not occur during or after mining operations. If stormwater is contained on-site, it must <br />infiltrate into the ground or be released to the natural stream system within 72 hours, or all work <br />must cease until a substitute water supply plan, or augmentation plan approved by water court, is <br />obtained. Reclamation plans must ensure water will not be retained onsite for more than 72 hours <br />unless an augmentation plan approved by water court is obtained. <br />^ The proposed operation will consume ground water by: ^ evaporation, ^ dust control, <br />^ reclamation, ^ water removed in the mined product, ^ processing, ^ other:. <br />Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pit <br />or other type of well permit, as applicable. However, prior to obtaining a permit, an approved water <br />supply plan or decreed plan for augmentation is required. <br />® Prior to approving a well permit, the applicant must conduct a field inspection of the site and <br />document the locations of all wells within 600 feet of the permit area. The applicant must then <br />obtain a waiver of objection from all well owners with wells within 600 feet of the permit area or <br />request a hearing before the State Engineer <br />® Other: Prior to putting the groundwater to irrigation uses, an augmentation plan must be obtained <br />from the Division 3 Water Court that allows irrigation and groundwater remediation uses. The <br />augmentation plan approved in 99CW057 does not allow for the water to be used for irrigation. <br />Furthermore, the lands proposed to be irrigated do not appear to have been historically permitted <br />under permit number 8234-R-R (see comments). <br />Permit numbers 53737-F, 53738-F, and 52740-F through 52748-F must be re-permitted to allow <br />irrigation and ground water remediation. Currently, all the wells are permitted for ground water <br />remediation. The Division 3 Office will have to perform a field inspection prior to the approval of <br />any re-permitting request. <br />