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STATE F COLOFADO
<br /> DIVISION OF RECLAMATION,MINING AND,SAFETY
<br /> Department of Natural Re;ources
<br /> 13131 Sherman St,,Room 215
<br /> Denver,Colorado 80203 COLORADO
<br /> D I V 1 5 T 0 N 0 T
<br /> Ph,one�(303)866-3567 RECLAMATION
<br /> q I N
<br /> FAk(303)832-6706 MINING
<br /> SAFETY
<br /> Bill Rifler,Jr
<br /> April 30, 20,10 coveinor
<br /> James 5,marflil
<br /> E'Necubvp Diirecloir
<br /> Lafarge West, Inc. LoTetta E.Piii)eda
<br /> 10170 Church Ranch Way,Ste, 20101 Director
<br /> Westminister,CO 8001210000
<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 Minera�ll 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 by rnining 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 waiter right rights. Rule 6.3.3(j); 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 2,009 the Division of Waster Resources (DWR)i updated its Guidelines for Sand and gavel Pits,
<br /> These guidelines,provide guidance on achieving compliance with state law regarding replacement of
<br /> depletions fron't 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 waiter depletions,operations
<br /> which expose ground waiter 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 landis affected by mining are reclaimed in a manner
<br /> that comp0es with staite law and to ensure that operators have sufficient bonding,to achieve reclarnation, In
<br /> order to assist operators in achieving compliance with these requirerneirItS, the Division, proposes that, by
<br /> April 30, 2011, operators should contact the Division and agree upon a plan for achieving complia,nce.
<br /> Office 0 officr�of
<br /> Mined, Land,Reclarna6on Denver - Grand Junction Durango Active and Inactive Mines
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