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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 Act for 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 by 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 6.3.3(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 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, 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 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 in a manner <br /> that complies 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 />