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5TATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department or Natural Resources <br />1313 Sherman St.. Room 315 <br />Denver. Colorado 80203 <br />D I I S t O N <br />Phone: (303) 866-3567 MINE PAL <br />FAX: (303) 832-8106 & <br /> MEMO GEOLOG <br /> RECLAMATIO <br /> MINING -SA FEI <br />MINERA LS PROGRAM POLICY <br /> Bill Owens <br /> Governor <br />TO: Minerals Staff Greg E. Watcher <br /> Executive Director <br />1 <br />FROM: HBH l?? :Michael B. Lon; <br /> <br />Division DireUOr <br />DATE: March 29, 2000 <br />RE: Policy On Application Reviews Involving Lined Sand and Gravel Pits <br />The Division has received comments from applicants and their consultants concerning Division <br />request for design information related to lined sand and gravel pits. These comments questioned <br />the need for such information, as well as the Division's technical ability to review it. <br />It is clear that the Division has a need for such design information in order to calculate an <br />appropriate reclamation bond. It is also clear that the. Division has the technical expertise <br />necessary to review the engineering evaluations and designs. However, it is correct that the <br />actual authority to review and approve such designs rests with the Office of the State Engineer <br />(SEO). This review and approval authority is clearly stated in their "Proposed Guidelines for <br />Lining Criteria For Gravel Pits "(8/16/99), and verified through conversations with personnel in <br />the Office of the State Engineer. <br />Therefore, the Minerals Program will no longer approve engineering designs for installing liners <br />that are intended to meet SEO water rights protection criteria. An applicant, however, shall be <br />required to provide DMG any of the following in order to demonstrate compliance with Section <br />3.1.6 of the Construction Material Rules: <br />• A copy of the SEO's letter approving the proposed liner design and a copy of the design and <br />specifications for inclusion into the applicant's application prior to the Division's approval or <br />recommendation date, or <br />• A conunitment to stay at least two feet above the historic highest ground water level together <br />with an adequate means to monitor compliance, or <br />• A bond adequate to backfill the pit to two feet above the historic highest ground water <br />elevation, or <br />• A letter from the SEO stating that the applicant has satisfied the SEO requirements for an <br />augmentation plan or substitute supply plan for ground water exposed to evaporative loss and <br />has an associated well permit.