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COLORADO <br /> Division of Water Resources <br /> a 0 Department of Natural Resources <br /> September 3, 2019 <br /> Lynn Mayer Shults <br /> L. G. Everist, Inc. <br /> 7321 E. 881Avenue, Suite 200 <br /> Henderson, CO 80503 <br /> Transmission via email: tmshults@leeverist.com <br /> Re: Gravel Pit Groundwater Exposure - 2nd Request to re-evaluate the Pre-81 exposed water <br /> surface area at L.G. Everist's Star Water Resource (formerly Feit Pit), DRMS permit no. <br /> M-1977-522 <br /> Dear Ms. Shults: <br /> This letter is in reply to the information you provided for the pre-January 1, 1981 ("Pre-81") exposed <br /> water surface area at East Lake located within the L.G. Everist's Star Water Resource site (formerly Feit <br /> Pit), Division of Reclamation Mining and Safety ("DRMS") permit no. M-1977-522. The East Lake is located <br /> in parts of the S '/z of the SE Ya of Section 26, Township 6 North, Range 66 West of the Sixth P.M. We have <br /> previously provided comments on the Pre-81 exposed surface area at East Lake by our letter dated April <br /> 11, 2019. Previously the State Engineer's Office ("SEO") determined that a total of 6.1 acres of <br /> groundwater was exposed within the Star Water Resources reclamation permit boundary prior to January <br /> 1, 1981, as shown on attached Figure 1. As part of the L.G. Everist's request, Mr. Stevan O'Brian of <br /> Environment Inc., reviewed a September 3, 1980 aerial photo and based on visual evidence concluded that the <br /> mine operator at the time was actually dewatering the lake area and the old lake footprint that was dewatered <br /> was in fact approximately 11.50 acres, as evidenced by a January 24, 1977 aerial photo. In the April 11, 2019 <br /> Letter we requested additional information to show that the 11.50-acre lake claimed to have been <br /> exposed in 1977 was mined in connection with the extraction of sand and gravel by open mining. <br /> The additional information provided from Mr. Stevan O'Brian in a letter dated June 6, 2019 indicates that <br /> on April 18, 1975 the Weld County Board of County Commissioners issued a Special Use Permit to allow <br /> mining at the current location of the Star Water Resources. Reclamation for the area was proposed to be <br /> developed into three fish ponds and waterfowl resting area, and the reclamation plan map shows a lake <br /> very similar in shape to what is shown in the January 24, 1977 aerial photo provided with the original <br /> request. The permitted area was for an area covering 54 acres on the eastern part of the property that is <br /> now known as Star Water Resources. Mr. O'Brian indicated that it is not clear if the mining operation had <br /> started at the time the Special Use Permit was issued. However, a photograph from July 7, 1976 found in <br /> the DRMS permit file for permit no. M-1977-522 shows a partially excavated area and processing <br /> equipment, therefore Mr. O'Brian concluded that the mine was in operation at that time and mining at <br /> the site may have started some time between June 1975 and July 1976. Examining the January 24, 1977 <br /> aerial photo Mr. O'Brian concluded that the 11.50 acres exposed at the site prior to January 1, 1981 were <br /> created by mining in connection with the extraction of sand and gravel by open mining prior to January <br /> 24, 1977. <br /> of <br /> 1313 Sherman Street.Rown 821,Denver,CO 80203 P 303.8m.3581 www.colorado.gov?water <br /> Jared S. Potis.Governor I Dan Gtbbs, Executive Director I Kevin G. Rein, State Engineer/Direct r <br /> *\r876 <br />