Laserfiche WebLink
Julia Keedy Page 2 of 9 <br />RMCC Combined SWSP <br />October 21, 2013 <br />• Existing Plant Site (not mined and not lined). <br />This plan will also cover depletions from ground water evaporated in the North Tower Pit <br />(well permit no. 66131 -F, WDID 0203037), which is directly adjacent to the Bromley Lakes site. <br />The North Tower Pit has been completely mined, is not lined, and is the subject of a court <br />application for an augmentation plan and change of water right in case no. 90CW39. <br />The City of Brighton obtained a storage water right in the Ken Mitchell Lakes (which <br />includes Cells 1, 2 and 3) in case no. 1998CW018 (2006CW222). Figure 2 (enclosed) shows <br />the various portions of the site and the area of exposed ground water. <br />Depletions will result from: <br />• evaporative losses of exposed ground water: (a) North Tower Pit, (b) Bromley Cell 2, <br />(c) Bromley Lakes Lot 2, (d) Cell 3 /Lot 1 (only until Brighton starts storing and <br />accounting for water, planned November 2013) <br />• water used to wash product — obtained from Bromley Cell 2 <br />• water lost with mined product' —Lot 2, Plant Site <br />• dewatering activity to facilitate mining — Lot 2, Plant Site, not planned at Cell 3 / Lot <br />1. <br />The proposed replacement sources are consumptive use credits from 70 Fulton Ditch <br />shares owned by the Applicant, fully consumable water in storage, and water leased from the <br />City of Brighton. <br />In accordance with the letter dated April 30, 2010 from the Colorado Division of <br />Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply <br />with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations <br />for the protection of water resources. The April 30, 2010 letter from DRMS required that you <br />provide information to DRMS to demonstrate you can replace long term injurious stream <br />depletions that result from mining related exposure of ground water. The DRMS letter identified <br />four approaches to satisfy this requirement. <br />In accordance with approach no. 4, you have provided an affidavit dated August 4, 2010 <br />that dedicates the 70 shares of the Fulton Ditch water as replacement water solely for this <br />SWSP for as long as there are depletions at this gravel pit site or until such time as another <br />replacement source is obtained. A copy of the affidavit is attached to this letter. For the <br />purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; <br />however, if the State Engineer determines that a different affidavit or dedication process <br />is necessary to assure proper dedication of the shares, additional information may be <br />required prior to future SWSP approvals. <br />Also, in accordance with approach nos. 1 and 3, you have indicated that a bond has <br />been obtained for $4,169,240 that can cover the cost of lining or backfilling the Bromley Lakes <br />site to prevent the exposure of ground water. <br />' Per Hal Simpson memo, water in product within an approved liner is not considered a depletion. Ken <br />Mitchell Lake and Cell 3 /Lot 1 have approved liners. <br />