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April 30, 2010 <br />Permittee Address <br />RE: Mining Operations with Exposed Ground water <br />To Whom It May Concern; <br />The Division of Reclamation Mining and Safety Is responsible for ensuring that Sand and Gravel mining <br />operators comply with the requirements of the Colorado land Reclamation Act for the Extraction of <br />Construction Materials (Act) and the Mineral Rules and Regulations of the Colorado Mined land Reclametlon <br />Board for the Extraction of Construction Materials {Rules), Among these requirements are provisions for the <br />protection of water resources, The Act requires that reclamation plans must ensure minimization of <br />disturbances to the prevaliing hydrologic balance, including disturbances to the quantity of water In the area <br />affected bj mining and In the surrounding areas. § 34-32.5-116(4)(h). Rule 3.1.6(1)(a) requires compliance <br />with Colorado water laws and regulations governing Injury to existing water rights both during and after <br />mining. Permits must specify how the permittee will comply with applicable Colorado water laws and <br />regulations governing Injury to existing water right rights. Rule 6,3.30); Rule 6.4.5(2)(c?. After an extensive <br />review, the Division determined that several operators may not have appropriate permit conditions to <br />address certain reclamation liabilities arising from impacts to water resources. <br />In September 2009 the Division of Water Resources (DWR) updated Its Guidelines for Sand and Gravel Pits. <br />These guidelines provide guidance on achieving compliance with state law regarding replacement of <br />depletions from sand and'gravel mining, thus the guidelines provide a benchmark for the protection of <br />hydrologic balance required under the Act and Rules, As noted In the Guidelines, sand and gravel <br />operations which expose groundwater without complying with state law create a reclamation liability by <br />Impacting available groundwater. <br />State law requires that any person exposing ground water must obtain a well permit from the SEO pursuant <br />to § 37.90.137(11). Because exposed groundwater results In out -of -priority water depletions, operations <br />which expose ground water must also eventually obtain a water -court approved augmentation plan. <br />Currently, several operators do not have either an augmentation plan or bonding to provide an alternative <br />method to mitigate injurious stream depledons that result from mining -related exposure of ground <br />water. The Division has a statutory duty to ensure that lands affected by mining are reclaimed In a manner <br />that complies with state law and to ensure that operators have sufficient bonding to achieve reclamation. in <br />order to assist operators In achieving compliance with these requirements, the Division proposes that, by <br />April 30, 2011, operators should contact the Division and agree upon a plan for achieving compliance. <br />