2015-09-22_HYDROLOGY - M1986079 - Laserfiche WebLink

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Rick Parsons MEtG SWSP September 17, 2015 Page 6 of 8 with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for protection of water resources. The April 30, 2010 letter from DRMS required that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The reclamation plan filed with DRMS was to create two ground water lakes. This reclamation plan required the Applicant to file and obtain a water court approved Plan for Augmentation that addresses the long term augmentation that exposed ground water takes requires. However, the Applicant is now planning to backfill the permit area so that no exposed ground water area remains exposed thereby eliminating long term injurious depletions. On July 25, 2007, The Applicant obtained an amendment to the DRMS permit for this pit that changed the final reclamation plan from open water surface to a backfilled site. The Applicant has recently received approval of a Conditional Use Permit from the Adams County Board of County Commissioners which will allow the Applicant to backfill the site within the next 36 months. The operator holds a bond in the amount of $9,700 through DRMS to cover the cost of final reclamation. The current bond IS NOT sufficient to ensure backfilling or lining the pit to prevent long term ground water exposure in the event the operator walks away from the site. Since the final reclamation is to backfill the site and to allow replacements to be made while the operator comes into compliance with DRMS requirements this SWSP will be renewed for 2016 if Applicant documents what steps are beim taken with DRMS, and document DRMS's approval of the plan of action to bring the site into compliance with the Colorado Reclamation Act and the Mineral Rules and Regulations for protection of water resources. Additionally, at the time this SWSP expires, if there is no progress made on the operators behalf to brim this site into compliance, the SWSP may not be renewed which would result in Cease and Desist Orders against the mine site. Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with 537-90- 137(11), C.R.S., subject to the following conditions: 1. This plan shall be valid for the period of April 1, 2015 through March 31, 2016, unless otherwise revoked or modified. 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 of $257 no later than February 1, 2016. 2. A well permit has been obtained for the current use and exposed pond surface area of the gravel pit in accordance with 537-90-137(2) and (11), C.R.S., permit no. 55520-F. 3. The total surface area of the ground water exposed must not exceed 20.83 acres, which results in stream depletions of 59.19 acre-feet. 4. No other use of ground water at this site is allowed under this SWSP. 5. Total consumption at the MEtG Pit must not exceed the aforementioned amounts unless an amendment is made to this plan. 6. All releases of replacement water must be sufficient to cover all out -of -priority depletions in time, place, and amount and must be made under the direction and/or the approval of the water commissioner. The release of replacement water may be aggregated on a monthly basis to maximize beneficial use. The water commissioner or the division engineer shall determine the rate and timing of an aggregated release.