2014-12-22_PERMIT FILE - M2014071

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DENVER WATER I null tl'i•,I I:Ih Ar •Ucm cr,<;otnr tits 81120 t-1112 1'll..ni• SO i 6213 1,1100•Fa\Nt• 10 3.628-4x1W, • �,y,ru.11t'n��n�,rli•r r rr, VIA EMAIL RECEIVED December 21, 2014 DEC 22 2014 Michael Cunningham DIVISION OF RECLAMATION Division of Reclamation, Mining and Safety MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver,Colorado 80203 RE: Need for a Mined Land Reclamation Board Permit,Gross Reservoir Expansion Borrow Dear Mr. Cunningham: As discussed on October 28, 2014, Denver Water is seeking a determination as to the need for a Mined Land Reclamation Board Permit. Based upon our interpretation of the rules and regulations it is our opinion that a Mined Land Reclamation Board Permit is not required for our project. Specifically, the extracted material will be used onsite for the sole purpose of constructing the Gross Reservoir Expansion project.This letter provides information regarding our project and addresses the questions provided within the "Is It Mining"form provided by your office. Project Background and Description Gross Reservoir is owned and operated by Denver Water for water supply storage. Denver Water generates power as an ancillary benefit to water supply operations at Gross Reservoir. The Federal Energy Regulatory Commission (FERC)authorizes the Gross Reservoir Hydroelectric Project under License No. 2035-006. The license authorizes operation and maintenance of the hydroelectric project, which includes the dam, reservoir, powerhouse, and all structures,fixtures, equipment and facilities used to operate or maintain the project. The project and the lands for the project are included by the FERC license"Project Boundary", including U.S. Forest Service Lands. Expansion of the dam,for purposes of increasing water supply storage requires an amendment to Denver Water's FERC license. The amended license would authorize the expanded and new facilities and construction associated with the project within the expanded Project Boundary. The Gross Dam Raise Borrow Quarry,which is the subject of this letter, is within the Project Boundary and will be authorized as a necessary component of the amended FERC license. The existing Gross Dam is a 340 foot tall concrete gravity dam located on South Boulder Creek in Boulder County,Colorado.The Gross Reservoir Expansion project proposes to raise Gross Dam by 131 feet to a final height of 471 feet. A downstream roller compacted concrete (RCC) buttress raise matching the