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COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> June 20,2024 <br /> Blake Curran <br /> Northern Colorado Water Conservancy District <br /> 220 Water Avenue <br /> Berthoud, CO 80513 <br /> RE: Need for State Reclamation Permit, Northern Water Clay Project, File No. M-2024-031 <br /> Dear Mr. Curran: <br /> On June12, 2024 the Division of Reclamation, Mining and Safety(Division) received your <br /> correspondence responding the Division's inquiry, RE: "Is It Mining".The Division has assigned file <br /> number M-2024-0031 to this project. Please use this file number for any future correspondence <br /> regarding this specific project. <br /> The information you provided indicates Northern Colorado Water Conservancy District propose to use <br /> clay material generated from various locations on private land for use in infrastructure maintenance on <br /> canals and reservoirs. The maximum amount of materials to be excavated is estimated to be around <br /> 1,500 cubic yards annually with an average of 500 to 700 cubic yards per year. Disturbances will be <br /> limited to 1 acre or less. No exposure of groundwater is anticipated.The equipment proposed to be <br /> used for the project consists of a Cat 340 excavator and a mid-size loader or small dozer loader. No <br /> compensation will be received, and no other permits are anticipated. <br /> Based on the information contained in the correspondence,the limited amount of materials to be <br /> excavated, and its intended use, it is the Division's opinion that no reclamation permit will be required <br /> from this agency at this time. However, other local, state, or federal permits may be required and it is <br /> recommended that you contact those agencies for further clarifications if you have questions. Please be <br /> advised that this opinion is being offered based on the information provided in your response. Any <br /> significant deviation from the described activity, including removal for sale or trade of any excavated <br /> materials from its natural state could result in a review and possible reversal of this opinion. <br /> Please consider the following: if the Division receives different information or a written complaint <br /> regarding the proposed activities it is required by law to further investigate. If the investigation shows a <br /> possible violation of the Construction Materials Act and Rules an enforcement action would be initiated <br /> which could include civil penalties, a cease and desist order and obtaining a permit for the activities. <br /> If you have any questions, please contact me at (720) 392-8600 or russ.means@state.co.us <br /> Sincerely, <br /> Russ Means <br /> Minerals Program Director <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br /> Jared Polis, Governor I Dan Gibbs, Executive Director I Michael Cunningham, Director <br />