2015-11-17_REVISION - M1977081 (3)

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4 DATE: TO: CC: FROM: COLORADO Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, CO 80203 Response to Reclamation Permit Partial Acreage November 16, 2015 Peter S. Hays, Environmental Protection Specialist Division 1 Office, District 3 Water Commissioner Sarah Brucker, P.E. RE: Greeley West Pit, File No. M-1977-081 Applicant/Operator: City of Greeley Representative: William Schenderlein, Blue Earth Environmental, (970) 227-2803 Section 36, Twp 6 North, Rng 66 West, 6th P.M., Weld County RECEIVED NOV 17 2015 DIVISION OF RECLAMATION MINING AND SAFETY Release Re• uest Consideration RECEIVED NOV 1 7 2015 DIVISION OF RECLAMATION MINING & SAFETY COMMENTS: The applicant has requested a partial acreage release for 164.64 acres at the Greeley West Pit, leaving 38.49 acres within the permit boundary for M-1977-081. Concurrent with this request, the City of Greeley has requested a partial acreage release for the 25th Avenue Site (M-2002-020) to remove the 38.25 -acre portion of the 38.49 acres from the permit boundary of M-2002-020, and also to remove a 38.16 -acre parcel in the southeast corner of the site (including portions of the SE Pond). The 38.16 acres will be a final release since it will be removed from both permit no. M-1977-081 and M-2002-020. Another 6.87 acres requested to be released, located along the edges of the permit boundary for M-1977-081, are outside the boundaries of M- 2002-020 and also will be a final release. The remaining 81.12 acres requested to be removed from M-1977-081 including the SW Ponds and NE Pond) will continue to be included within the permit boundary of M-2002-020. In a letter dated August 11, 2011, this office acknowledged that approximately 30 acres of ground water surface exposed in the Southeast (SE) Pond is considered pre -81 area and does not require augmentation. Therefore, this office has no issue with the removal of the 38.16 -acre area from both permit no. M-1977-081 and M-2002-020. An amendment to M-2002-020 approved in September 2012 incorporated 197.51 acres of the Greeley West site, containing Flatiron Pits 3, 4, 5, and C, into the 25th Ave Site. The City of Greeley plan for augmentation (WDID 030330) decreed in Division 1 Water Court case no. 99CW231 includes evaporation from approximately 100 acres of exposed ground water surface at the Flatiron Gravel Pit Nos. 3, 4, and 5 and adjoining pits in Section 36, Township 6 North, Range 66 West. The submitted accounting for case no. 99CW231 shows evaporation from 13.1 acres of exposed ground water surface area associated with Flatiron Gravel Pits 3, 4, and 5 (and adjoining pits) is being augmented. Depletions associated with mining at Flatiron Pits 3, 4, 5, and C, including the removal of mined product, dewatering, and post -mining refilling of the pits, are replaced under the 25th Ave Substitute Water Supply Plan, currently valid through May 31, 2016. This office has no objection to the removal of these areas from permit no. M-1977-081. The remaining 6.87 acres do not appear to have any impact on water resources; therefore this office has no objection to their final release. The Applicant may contact the State Engineer's Office with any questions. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3585 www.water.state.co.us