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COLORADO DIVISION OF WATER RESOURCES <br />OFFICE OF THE STATE ENGINEER <br />1313 SHERMAN ST., RM. 818 <br />DENVER, CO 80203 <br />(303)866-3581 <br />INTEROFFICE MEMORANDUM <br />TO: BRAD JANES, VARRA COMPANIES <br />GREGG SQUIRE, DP/ISON OF MINERALS AND GEOLOGY (DMG) <br />HAROLD E. AND LA VERNA J. N N ~ <br />FROM: KATHLEEN L. SULLIVAN, P.E. ' - <br />SUBJECT: VARRA COMPANIES, PIT NO. 1 (M-74052), AMENDMENT NO. 1 AREA [NELSON <br />AND ST. VRAIN SANITATION DISTRICT PROPERTIES] -REQUEST FOR PARTIAL <br />ACREAGE RELEASE <br />DATE: 10/22/2003 <br />CC: LES WII.LIAMS, ST. VRAIN & LEFT HAND WATER CONSERVANCY DISTRICT <br />SCOTT EDGAR, WD 5 WATER COMMISSIONER <br />DAVE NETTLES, ASSISTANT DIVISION ENGINEER, DIVISION 1 <br />KEVIN REIN, TEAM 1 LEADER, DWR <br />SWSP FILE DMG# M-74052, PIT NO. 1 <br />The pre-1989 augmentation agreement between Mr. and Mrs. Nelson and St. Vrain 8 <br />Left Hand Water Conservancy District is for replacements associated with the exposure <br />of up to 80 acres of ground water surface in the NE'/< of Sec. 31, less 5.6 acres in the <br />SW 1/4 of the NE '/<, Twp. 3 N, Rng. 67 W, 6~' PM. Per paragraph 5 of the agreement, <br />the agreement is a covenant running with the herein described land, and therefore, it is <br />our understanding that it is intended to cover the portion of the described property now <br />owned by St. Vrain Sanitation District. <br />Based upon the April 1998 Weld County photo supplied and information from DMG <br />indicating mining in this quarter section ended in 1996, our calculations indicate that the <br />total exposed ground water surface in the subject area is approximately 85 to 87 acres, <br />or 5 - 7 acres over what is covered by the current augmentation agreement. This does <br />not include the possible oxbow lake in the SW '/< of the NE Y<, which will need to be <br />included if it was mined after December 31, 1980. <br />To obtain agreement from the Division of Water Resources for the requested partial <br />acreage release, Varra Companies need to resolve the apparent excessive ground <br />water surface exposure by providing one of the following: <br />1. Proof that the actual maximum exposed water surface does not exceed 80 acres; or <br />