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Julia Keedy <br />Bromley Lakes SWSP <br />April 8, 2015 <br />Page 2 <br />• Bromley Lakes Lot 2 (f.k.a. Arends, Archuleta, and Reinoehl properties) ( unlined <br />and partially mined and backfilled), <br />• Existing Plant Site (not mined and not lined). <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 the <br />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) Bromley Lakes Cell 2, (b) Bromley <br />Lakes Lot 2 <br />• water used to wash product - obtained from Bromley Lakes Cell 2 <br />• water lost with mined product - Bromley Lakes Lot 2 <br />• dewatering activity to facilitate mining - Bromley Lakes Lot 2 <br />The proposed replacement sources are consumptive use credits from 16 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 <br />identified four approaches to satisfy this requirement. <br />In accordance with approach no. 4, you have provided an affidavit dated August 4, <br />2010 that dedicates the 16 shares of the Fulton Ditch water as replacement water solely for <br />this SWSP for as long as there are depletions at this gravel pit site or until such time as <br />another replacement source is obtained. A copy of the affidavit is attached to this letter. <br />For the purposes of this SWSP, this affidavit will be accepted for the dedication of the <br />shares; however, if the State Engineer determines that a different affidavit or dedication <br />process is necessary to assure proper dedication of the shares, additional information may <br />be 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 <br />Lakes site to prevent the exposure of ground water. <br />Depletions <br />SWSP depletions are from evaporation of exposed ground water, dewatering, water <br />used to wash mined product, and water lost in mined product. Tables 1A and 1B (attached) <br />summarize projected depletions from January through December 2015. The exposed ground <br />water will vary based upon hydrologic conditions and the amount of backfill. For the period of <br />this SWSP, the area of exposed ground water is not expected to exceed 29.2 acres in Bromley <br />Cell 2 and one acre in Bromley Lot 2. This gross evaporation rate at this location based upon <br />