2015-12-03_GENERAL DOCUMENTS - M1974070

• Permit No: M1974070
• IBM Index Class Name: General Documents
• Doc Date: 12/3/2015
• Doc Name: IMP CLOSEOUT FILE
• From: DRMS
• To: DRMS
• Email Name: SDT
• Media Type: D
• Archive: No

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OF. Co�O � DEPARTMENT OF NATURAL RESOURCES ]
DIVISION OF WATER RESOURCES
Bill Ritter,Jr.
1876 Governor
Mike King
6/ Executive Director
Response to Reclamation Permit Application ConsideratiCRk Wolfe,P.E.
------ ^ Director/State Engineer
DATE: July 27, 2010
TO: Jared L. Ebeff,--Environmental Protection Specialist
CC: Division 1 Office, District 5 Water Commissioner
Sira Sartori, Applegate Group, Inc. 14L 2 7
FROM: loana Comaniciu, P.E.
CSSt2SlOn tTc----._
RE: Hamm Pit, Permit No. M-1987-176 fining ano�ateiY
Operator: Lafarge North America ("Lafarge")
Contact: Lafarge North America—303-657-4579
Section 9, Twp 2 North, Rng 68 West, 6th P.M., Weld County
CONDITIONS FOR APPROVAL
We have reviewed additional information received on July 20, 2010 from Sira Sartori from the
Applegate Group, Inc. regarding Lafarge's request for partial reclamation responsibility
release for the Hamm Pit, Permit no. M1987-176.
While the DRMS permit is identified as the Hamm Pit, several pits are included in the M1987-
176 Hamm Pit Permit, one of which is the Heaton Pit. Applicant is requesting partial release of
the financial warranty for the area that includes the Heaton Pit. The Heaton Pit is comprised of
two ponds.
As mentioned in our previous review dated June 3, 2010 the larger pond of the Heaton Pit was
lined with a slurry wall and the lining was approved by the Division 1 Office on April 7, 2003 in
accordance with the State Engineer Guidelines for Lining Criteria. This office already rendered
an opinion regarding the partial performance and financial warranty release for the larger pond
of the Heaton Pit.
According to a 1980 aerial photo, it is indicated that ground water was exposed in the smaller
pond prior to January 1, 1981. Based on the Division 1 Water Court decision in case no.
2009CW49, the replacement of evaporative depletions is not required for ground water
exposed to the atmosphere prior to January 1, 1981 through open mining of sand and gravel,
regardless of whether open mining operations continued or were reactivated on or after that
date. The Water Court effectively held that Senate Bill 120 of 1989, as amended in Senate Bill
93-260, exempted all pre-1981 exposed ground water regardless of whether open mining
operations continued or were reactivated on or after January 1, 1981. Therefore, this office is
of the opinion that the partial performance and financial warranty release is also acceptable
for the smaller pond of the Heaton Pit.
The applicant may contact the State Engineer's Office with any questions.
Office of the State Engineer
1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:[phone] •Fax:[phone]
www.water.state.co.us