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_ ~ <br /> <br /> <br />• <br />;; ;,,; ~F COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Na[ural Resources <br />1313 Sherman Street, Room 81 B <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX (303) 866-3589 <br />www.water.state.co.us <br />Mr. Steven L. O'Brian <br />Environment, Inc. <br />7985 Vance Drive <br />Suite 205A <br />Arvada, CO 80003 <br />111 ^1~~1999.. oe~cot <br />w. °r~ <br />Fe <br />O <br />~~ <br />~ ~BP6 <br />January 17, 2002 <br />Re: Request for Substitute Water Supply Plan for <br />Suburban Sand & Gravel <br />Road Runners II Gravel Pit <br />DMG # M-79-195 <br />Dear Mr. O'Brian: <br />We have reviewed your letter of November 29, 2001 requesting a substitute <br />water supply plan for the above referenced existing and operating gravel pit. We have <br />some concerns that preclude the completion of our review. <br />eJl Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Hal D. Simpson, P.E. <br />State Engineer <br />Specifically, you have claimed a "dry up credit" for 75-acres of land that was <br />previously under a lake surface. This area has been dried up via dewatering for <br />purposes of mining the area and a 25-acre lake is currently maintained at the pit site for <br />operational needs. As noted on page 2, item 4 of your November 29, 2001 letter, <br />"...after correcting the dry up credits using the correct monthly precipitation on the 75 <br />acres offsets the evaporation debits from the 25 acre lake for all but the 4 prime irrigation <br />months in the summer." <br />This office interprets C.R.S. 37-92-305 (copy attached) as stating the only dry up <br />credit available to be applied against the evaporation of a water surface is for that area <br />beneath the water surface, in this case, 25 acres. We have consistently taken the <br />position the dewatering an area does not imply any dry up credit for that dewatered area <br />can be applied or taken elsewhere on the gravel pit site. <br />- - -Alse; in accordance w}tkt i ter., no,^;ber 8 of-the general guideGnesfer substitute- - <br />water supply plans, sufficient replacement water must be secured in case the dewatering <br />pumping fails and the pit fills with groundwater. The act of dewatering does not <br />eliminate that potential replacement requirement. <br />You are hereby requested to modify your substitute water supply plan request to <br />include replacement water for any operational mining requirements, (i.e. dust control, <br />water lost in product for example) and reserve sufficient replacement water for 1 year, <br />should the dewatering system fail. <br />