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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 Actfor the Extraction of <br /> Construction Materials (Act)and the Mineral Rules and Regulations of the Colorado Mined Land Reclamation <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 prevailing hydrologic balance,Including disturbances to the quantity of water In the area <br /> affected bg 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,send 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(12). Because exposed groundwater results In out-of-prlority 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 depletions 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 Ina manner <br /> that compiles 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 />