Laserfiche WebLink
Bernhardt Pit SWSP Page 3 of 5 <br /> February 1,2023 <br /> Long-Term Augmentation <br /> In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of <br /> Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the <br /> requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of <br /> water resources. The April 30, 2010 letter from DRMS, attached, requires that you provide information to <br /> DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related <br /> exposure of groundwater. <br /> For any gravel pit whose reclamation includes lining or backfilling of the pit, bonds must be posted that can <br /> be used to complete the reclamation plan should the operator walk away from the site. A bond for <br /> $1,858,965.73 has been obtained by Bestway through the Division of Reclamation, Mining, and Safety <br /> ("DRMS") to assure that depletions from groundwater evaporation do not occur in the unforeseen event, or <br /> events, which would lead to the abandonment of the Pit (approach #3). <br /> Conditions of Approval <br /> I hereby approve the proposed substitute water supply plan in accordance with section 37-90-137(11), <br /> C.R.S., subject to the following conditions: <br /> 1. This SWSP shall be valid for the period of January 1, 2023 through December 31, 2023, unless <br /> otherwise revoked, or superseded by decree. If this plan will not be made absolute by a water court <br /> action by the plan's expiration date, a renewal request must be submitted to this office with the <br /> statutory fee (currently $257), with all necessary leases and other supporting documentation, no <br /> later than November 1, 2023. If a renewal request is received after the expiration date of this <br /> plan, it may be considered a request for a new SWSP and the $1,593 filing fee will apply. <br /> 2. Approval of this plan is for the purposes as stated herein. Additional wells and/or additional uses <br /> for the water that is the subject of this SWSP will be allowed only if a new SWSP is approved for <br /> those additional wells/uses. <br /> 3. The total surface area of the groundwater exposed at the site must not exceed 4.3 acres during <br /> the approval period of this SWSP, which results in a maximum annual evaporative loss of 12.39 <br /> acre-feet from the Bernhardt Pit. <br /> 4. The annual amount of water used for dust control shall not exceed 2.16 acre-feet at the <br /> Bernhardt Pit. All pumping for dust control shall be measured in a manner acceptable to the Division <br /> Engineer. <br /> 5. Total consumption must not exceed the aforementioned amounts at the Bernhardt Pit unless an <br /> amendment is made to this plan. <br /> 6. All diversions shall be measured in a manner acceptable to the Division Engineer. The Applicant <br /> shall install and maintain such measuring devices as required by the Division Engineer for operation <br /> of this SWSP. <br /> 7. Well permit no. 65812-F was obtained for the current use and exposed pond surface area of the <br /> Bernhardt Pit in accordance with section 37-90-137(2) and (11), C.R.S., and this permit remains <br /> valid. The Applicant is not proposing to use the alluvial well, permit no. 60729-F, for concrete <br /> batching during the period of this SWSP. However, in the event that the Applicant will use well no. <br /> 60729-F for concrete batching in the future, we note that a totalizing flow meter is installed on the <br /> well and the meter is currently in compliance with the South Platte Well Measurement Rules. <br />