2019-05-16_REVISION - M2002120

• Permit No: M2002120
• IBM Index Class Name: REVISION
• Doc Date: 5/16/2019
• Doc Name: Response To Application Consideration Notice
• From: DWR
• To: DRMS
• Type & Sequence: AM1
• Email Name: ECS
• Media Type: D
• Archive: No

Division of Water Resources
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Response to Reclamation Permit Application Amendment Consideration
DATE: May 16, 2019
TO: Eric C. Scott, Environmental Protection Specialist
CC: Division 1 Office, District 4 Water Commissioner
FROM: loana Comaniciu, P.E.
RE: Bernhardt Resources, File No. M-2002-120-AM01
Operator: Mark Johnson-Bestway Concrete Company, [phone]
Contact: Andy Rodriguez, [phone]
Sections 1, Twp 4 North, Rng 67 West, 6th P.M., Weld County
COMMENTS: The purpose of this amendment is to add 6 acres to the existing 286.1 permitted acres,
for a total of 292.1 permitted acres. The proposed operation will consume ground water through
evaporation, dust control, reclamation, and dewatering. The southwest portion of the mining site
(comprised of Pond 2 and Pond 3A) and Pond 3 have been lined with a bentonite slurry wall that was
approved on December 9, 2009 and March 3, 2016 respectively by the Division of Water Resources to
operate as reservoirs. The southeast portion of the mining site includes Pond 4 that has been lined
with a bentonite slurry wall. The liner of Pond 4 was provisionally approved on August 6, 2018. Slurry
wall was constructed around Pond 5 and a 90 day liner test for this pond commenced on March 7, 2019.
In accordance with Section 37-90-137(2) and (11), C.R.S., the applicant obtained a substitute water
supply plan ("SWSP") and well permit no. 65812-F. Currently there are 4.5 acres of exposed ground
water at the site. The evaporation depletions from the 4.5 acres are covered by the existing SWSP
approved for the site on January 28, 2019. If additional acreage will be exposed beyond what is
allowed by the SWSP or the well permit no. 65812-F, the applicant will need to obtain a new SWSP and
a new well permit. So long as the amended Bernhardt Resource Pit is operated in accordance with an
approved SWSP or approved plan for augmentation, this office has no objection to the amendment
request.
Any storm water runoff intercepted by this operation that is not diverted or captured in priority must
infiltrate into the ground or be released to the stream system within 72 hours. Otherwise, the
operator will be required to make replacements for evaporation.
The applicant may contact the State Engineer's Office with any questions.
1313 Sherman Street, Room 821, Denver, C0 80203 P 303.866,3581 www.cotor-ado.gov/water
Jared S. Polis, Governor I Dan Gibbs, Executive Director ( Kevin G. Rein, State Engineer/Director