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COLORADO <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 821 <br />Denver, CO 80203 <br />Response to Reclamation Permit Amendment Application Consideration <br />DATE: December 16, 2015 <br />TO: Michael A. Cunningham, Environmental Protection Specialist <br />CC: Division 1 Office, District 4 Water Commissioner <br />FROM: Sarah Brucker, P.E. <br />RE: <br />Brownwood Pit, File No. M-1979-059-AMO3 <br />Applicant/Operator: Coulson Excavating Company, Inc. <br />Contact: Peter Wayland, Weiland, Inc., (303) 443-9521 <br />Sections 19 Et 20, Twp 5 North, Rng 68 West, 6th P.M., Larimer County <br />RECEIVED <br />DEC 1 62015 <br />DIVISION OF RECLAMATION <br />MINING & SAFETY <br />CONDITIONS FOR APPROVAL <br />❑ The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground <br />water must not occur during or after mining operations. <br />• The proposed operation will consume ground water by: ® evaporation, ❑ dust control, <br />❑ reclamation, ❑ water removed in the mined product, ❑ processing, ❑ other: <br />❑ The applicant has indicated plans to use other water at the permit site for the following purposes: <br />❑ dust control, ❑ reclamation, ❑ processing, ❑ other: <br />COMMENTS: The Brownwood Pit is a surface mining operation located approximately 3/ mile southeast of the <br />City of Loveland. The application seeks to add 9.2 acres to the currently permitted 148.7 acres, for a new <br />total permit area of 157.9 acres. The application also seeks an amendment to change the post -mining land use <br />to developed water resources and update the reclamation plan to include a residential structure and clay -lined <br />ponds, which was previously submitted to this office for review and comments provided in a letter dated June <br />2, 2015. <br />The southeast cell has been lined and was approved as a lined reservoir (WDID 0403398) by the State Engineers <br />Office through a letter dated October 4, 2012. The Brownwood Substitute Water Supply Plan (WDID 0402546), <br />which covered depletions due to evaporation from up to 12.8 acres of exposed ground water at the site and <br />lagged depletions due to past mining operations, expired on October 31, 2015. To date, this office has not <br />received either a request for renewal of this SWSP or a request for approval of a liner for the remaining ground <br />water pond. The site must be included in a valid substitute water supply plan or court -approved <br />augmentation plan until such time as there are no longer any ongoing depletions (i.e. the remaining <br />unlined ground water pond has been backfilled or lined) and all lagged depletions have been replaced to <br />the satisfaction of the State Engineer, Division Engineer, and water commissioner. <br />Any storm water runoff intercepted by this operation that is not diverted or captured in priority must infiltrate <br />into the ground or be released to the stream system within 72 hours. Otherwise, the operator will be required <br />to make replacements for evaporation. <br />Due to the lack of a valid substitute water supply plan or court -approved augmentation plan for this site, this <br />office cannot comment favorably on the proposed amendment. The applicant may contact the State <br />Engineer's Office with any questions. <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3585 www.water.state.co.us <br />