2015-03-11_HYDROLOGY - M2002120

• Permit No: M2002120
• IBM Index Class Name: HYDROLOGY
• Doc Date: 3/11/2015
• Doc Name: Substitute Water Supply Plan - Jan 1-Dec 31, 2015
• From: DNR Water REsources
• To: DRMS
• Email Name: ECS
• Media Type: D
• Archive: No

Bernhardt Pit SWSP
March 9, 2015
protection of water resources. The April 30, 2010
information to DRMS to demonstrate you can replac e
result from mining related exposure of ground water.
Page 3 of 5
letter from DRMS requires that you provide
long term injurious stream depletions that
For any gravel pit whose reclamation includes lining or backfilling of the pit, bonds must be
posted that can be used to complete the reclamation plan should the operator walk away from the
site. A bond for $1,858,965.73 has been obtained by Bestway through the Division of Reclamation,
Mining, and Safety ( "DRMS ") to assure that depletions from groundwater evaporation do not occur in
the unforeseen event, or events, which would lead to the abandonment of the Pit (approach #3).
Conditions of Approval
I hereby approve the proposed substitute water supply plan in accordance with 9 37 -90-
137(11), C.R.S., subject to the following conditions:
1. This SWSP shall be valid for the period of January 1, 2015 through December 31, 2015, unless
otherwise revoked, modified, or superseded by decree. If this plan will not be made absolute
by a water court action by the plan's expiration date, a renewal request must be submitted
to this office with the statutory fee (currently $257), with all necessary leases and other
supporting documentation, no later than November 1, 2015.
2. Well permit no. 65812 -F was obtained for the current use and exposed pond surface area of
the Bernhardt Pit in accordance with 5 37 -90- 137(2) and (11), C.R.S.
3. The total surface area of the groundwater exposed at the site must not exceed 6.52 acres during
the approval period of this SWSP, which results in a maximum annual evaporative loss at the
Bernhardt Pit of 18.78 acre -feet.
4. The annual amount of water used for dust control at the Bernhardt Pit shall not exceed 2.96
acre -feet and the amount of water lost with the mined product shall not exceed 1.47 acre -feet
associated 50,000 tons of aggregate production.
5. All pumping for dust control shall be measured in a manner acceptable to the division engineer.
6. The Applicant is not proposing to use well permit no. 60729 -F for concrete batching during
the period of this SWSP. However, in the event that the Applicant will use well no. 60729 -F for
concrete batching the Applicant is hereby notified that, no water may be pumped from this
well until a totalizing flow meter is installed on the well and approved by the water
commissioner.
7. The Applicant must either amend the DRMS permit boundary to include the site of the
concrete batching well (permit no. 60729 -F) and concrete batching plant or obtain a SWSP
for the well pursuant to 9 37 -92 -308 or.a court approved augmentation plan.
8. Total consumption at the Bernhardt Pit must not exceed the aforementioned amounts unless
an amendment is made to this plan.
9. Approval of this plan is for the purposes as stated herein. Additional wells and /or additional
uses for the water that is the subject of this SWSP will be allowed only if a new SWSP is
approved for those additional wells /uses.
10. All diversions shall be measured in a manner acceptable to the division engineer. The
Applicant shall install and maintain such measuring devices as required by the division
engineer for operation of this SWSP
11. All releases of replacement water must be sufficient to cover all out of priority depletions
and be made under the direction and /or approval of the water commissioner. The