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COLORADO <br /> aDivision of Water Resources <br /> Department of Natural Resources <br /> August 14, 2019 <br /> Gary Linden, P.G. <br /> Civil Resources, LLC <br /> 323 Fifth Street <br /> P.O. Box 680 <br /> Frederick, CO 80530 <br /> Transmission via email: Qary@civllresources.com <br /> RE: SLURRY WALL LINER APPROVAL (PROVISIONAL) <br /> BERNHARDT PIT(POND 5) (WDID 0403395) <br /> BERNHARDT PIT, DRMS M-2002-120 (WDID 0403007) <br /> SECTION 1, T4N, R67W <br /> WATER DIVISION 1, WATER DISTRICT 4, WELD COUNTY <br /> Dear Mr. Linden: <br /> The purpose of this letter is to provisionally approve the lining of the Bernhardt Pit (Pond 5). Pond 5 is primarily <br /> located in the N1/2 of the SE1/4 and the SE1/4 of the SE1/4 of Section 1,Township 4 North, Range 67 West of the <br /> 61h P.M., and is part of the Bernhardt Pit gravel pit (DRMS M-2002-120). Pond 5 was lined with a soil bentonite <br /> slurry wall. Mining has not commenced within the liner boundary. The slurry wall liner leak test commenced on <br /> April 7, 2019 and concluded on July 8, 2019. A site inspection was performed by our office on April 18, 2019 to <br /> review site conditions and the leak test plan. <br /> Your report dated July 15, 2019 provides the liner summary and leak test results. The test data provided indicates <br /> that liner meets the performance standard referenced in the August 1999 State Engineer Guidelines for Lining <br /> Criteria for Gravel Pits(1999 SEO Guidelines). Meeting the performance standard requires that during reservoir <br /> (pond)operations all water inflows and outflows for the liner perimeter enclosed area be accounted for on a <br /> weekly basis. <br /> This liner approval is applicable only during mining operations at the site and does not classify the structure as a <br /> reservoir capable of water storage. However, for the remainder of mining operations, water within the liner <br /> boundary is now classified as trapped native ground water. The trapped native ground water may be removed <br /> from within the lined area and returned to the stream system through surface flow or ground water recharge <br /> without the need for replacement so long as the operator does not put the water to beneficial use. All native <br /> trapped ground water remaining that is put to beneficial use (except for the water removed in product) must be <br /> replaced by the operator. All inflow of water into the liner boundary from any source, including precipitation and <br /> groundwater inflows shall be removed by the pit operator so as not to cause out-of-priority storage. In order for <br /> the liner to be approved for water storage the operator must perform a final leak test once mining is complete <br /> and the site is at final grade. The final leak test will be allowed to have a modified duration of 30-days as long <br /> as the liner continues to satisfactorily operate during mining operations. <br /> Please contact me at 303-866-3581 x8246 if you have any questions. <br /> Sincerely, <br /> loana Comaniciu, P.E. <br /> Water Resource Engineer <br /> Ec: Jean Lever, District 4 Water Commissioner (Jean.Lever@state.co.us) <br /> Louis Flink, Diversion Records Coordinator (Louis.Flink@state.co.us) <br /> WDID File (0403395 Et 0403007) <br /> 1313 Sherman Street, Room 821, Denver,CO 80203 P 303.866.3581 www.colorado.gov/water <br /> Jared S. Polls, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director <br /> � ' ,R7" <br />