2003-07-17_REVISION - M1977534 - Laserfiche WebLink

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Division of Minerals and Geology July 16, 2003 Page 2 C. Current Substitute Supply Plan. Before the Reservoir is completed and covered under the 83CW361 augmentation plan, it is covered under a temporary substitute supply plan that was obtained by Mountain Aggregates. This plan covers water consumed by not only evaporation, but also by dust suppression and the mining operation itself. A copy of the recently renewed plan approved by the SEO is attached. Thus, the reservoir site is covered both under the augmentation plan in 83CW361 and, in the short term, by an approved water supply plan. The replacement water for the substitute water supply plan aze the sources under 83CW361 that are provided by Golden. For your information, attached is a copy of augmentation accounting by Golden showing the summary of depletions and replacement for the mining site. 2. Well Permit. The SEO also notes the Applicant needs to File for and obtain a well permit for the storage facility. That issue was likewise addressed by the Water Court in Case No. 82CW469. In that decree, the Water Court held that the SEO had not acted on the well permit applications that were already filed and ordered that when the Applicant is prepared to complete construction of the reservoirs and impound the water, it simply needs to request the permit in writing and "the State Engineer is directed to issue the well permit immediately." (Decree ¶ 14). Thus, unlike a new gravel pit, the well permit issue was resolved by the Court as part of the 82CW469 decree. When final stages of construction are proceeding, Golden will again put its request in writing and the SEO has already been ordered by the Court to issue the permit immediately. Accordingly, for the reasons stated above, each of the issues raised by the SEO has already been addressed and we do not believe anything more is required at this Ume. The reservoir has long been the intended reclamation plan for the site and the amendment is simply intended to accommodate the final design plans of the reservoir. If you have any questions, do not hesitate to contact me. Sincerely, PORZAK OWNING & BUSHONG LLP Steve Bushong Special Counsel for the City of Golden Enclosures cc: Mike Bestor, Golden City Manager (w/o enc]) Dan Hartman, Golden Director of Public Works (w/o encl) Leroy Marquez, Mountain Aggregates, Ina (w/ encl) Paul Banks, Banks & Gesso LLC (w/ encl) Iona Comaniciu, State Engineers Office (w/encl)