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/^ . • <br />i~' STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Waler Resources <br />Department of Natural Resources <br />1313 Sherman Street. Room 818 <br />Denver, Colorado 80203 <br />Phone 1303186b-3581 <br />FAX (303) 866-7589 <br />~EC1= I~,'EC <br />of cow <br />R~ 4 <br />„~ <~ <br />~g,. <br />• ~ lBi6 ~ <br />NOV 21993 <br /> <br />October 29, 1993 <br />Mr. Aaron Harrington <br />Albert Frei & Sons, Inc. <br />11521 Brighton Road <br />Henderson, CO 80640 <br />CERTIFIED NO.: P-175 900 047 <br />Final Request for ]nformation <br />RE: Wort}ting Pit, MLRIt9lIG26 <br />Section 26, T15, R67W, 6th P.M. <br />Division 1, District 2 <br />Dear Mr, Harrington; <br />Roy Romer <br />Governor <br />Ken Salazar <br />Executive Director <br />Hal D. Simpson <br />Aate Engineer <br />In 1989, the Colorado Legislature passed Senate Bill 120, which affects any gravel pit in <br />operation after December 31, 1980. Senate Bill 120 requires any grave] pit which exposed <br />ground water to the atmosphere afrer December 31, 1980 to replace water lost from the local <br />stream system. Pursuant to Sections 37-90-137(11)(a)(I) and (II), C.R.S. (1990), a well permit <br />and substitute water supply plan or court-approved augmentation plan must be obtained for a <br />gravel pit. <br />Our records indicate that payment of fees and a submittal of a water supply plan was <br />made for the mining operation on July 16, 1990. As delegated through this legislation, the <br />water supply plan was reviewed by our consultant, Wright Water Engineers, Inc., and was found <br />to be insufficient to conclude there was a viable plan to physically offset out-of-priority <br />diversions. A review of the file shows that you were contacted by letters dated February 6, <br />1991 and October 22, 1991, copies which aze attached, requesting additional information <br />regazding the supply plan. To date, neither Wright Water Engineers, Inc., nor this office has <br />received a complete and adequate response from you. <br />Upon receipt of this letter, you aze hereby >ziven 30 days to respond to the State <br />En>tirleer's Office and provide ALL the requested information as stated in the attached letters. <br />Failure to respond with the submittal of this information may result in the disapproval of the <br />water supply plan. Appropriate legal action, including injunctive relief, attorneys' fees and triple <br />damages, may be pursued against you, the landowner, and any other users of the waters <br />diverted out-of-priority through the gravel pit in accordance with Sections 37-92-502, 503 and <br />504, C.R.S. (1990). <br />