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DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />August 6, 2008 <br />Michelle Martin <br />Weld County Planning Department <br />4209 CR 24.5 <br />Longmont CO 80504 <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Dick Wolfe, P.E. <br />Director <br />Re: Dust & Dirt Excavating Site Specific Development Plan and a Special <br />Review Permit <br />Case No. USR-1660 <br />NE114 Sec. 4, T5N, R65W, 6th P.M. <br />Water Division 1, Water District 3 <br />Dear Ms. Martin: <br />We have reviewed additional information submitted by the applicant in regards to <br />the above referenced proposal for a mineral resource development facility including <br />open pit gravel mining and materials processing. As indicated in our previous letter of <br />July 2, 2008, since the submitted material does not appear to qualify as a "subdivision" <br />as defined in §30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4, <br />2005 memorandum to county planning directors, this office will only perform a cursory <br />review of the referral information and provide comments. The comments will not <br />address the adequacy of the water supply plan for this development or the ability of the <br />water supply plan to satisfy any County regulations or requirements. <br />The applicant indicated that the mine operation is proposed to be conducted in <br />phases. From the additional information, no ground water will be exposed or used in <br />the initial Phase 1. For the subsequent phases, 2-7, the mine operation will be <br />conducted as a dry pit by dewatering the active area with dewatering trenches. From <br />previously submitted materials, exposed ground water taken from the pit will also be <br />possibly used for material washing and dust control. However, from the additional <br />information the source of water for dust suppression will not be exposed ground water <br />but purchased from the City of Greeley. <br />Pursuant to §37-90-137(11), C.R.S., exposed ground water due to gravel mining <br />operations (which, according to the additional information provided, is proposed to occur <br />during Phases 2-7 of the mining operation) is considered to be a well and a well permit <br />must be obtained rior to the commencement of any mining activity which would result <br />in the exposure andlor use of ground water. Since this proposed gravel pit "well" <br />appropriates water tributary to the over-appropriated South Platte River basin, an <br />Office of the State Engineer <br />1,113 Sherman Street, Suite 818 • Denver, CO 90203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />Www.water.state.co.us