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DEPARTMENT OF NATURAL RESOURCES <br />February 19, 2009 <br />FFB 2 5 200,9 <br /> <br />Certified Mail Number: -7C?Gl-,? - 3 /10 - 0000 -a0S6 -3 /0S <br />John Ary <br />Hard Rock Paving and Redi Mix, Inc, <br />839 Mackenzie Ave <br />Canon City, Colorado 81212 <br />BILL RITTER, JR. <br />GOVERNOR <br />HARRIS D. SHERMAN <br />EXECUTIVE DIRECTOR <br />DICK WOLFE, P.E. <br />DIRECTOR/STATE ENGINEER <br />STEVEN J. WITTE, P.E. <br />DIVISION ENGINEER <br />RECENED <br />MAR 0 2 2009 <br />Division of Reclamation, <br />Mining and Safety <br />Order of the Division Engineer Regarding Exposed Ground Water at Gravel Mining Site <br />Pit Name: Leone-Gradner Gravel Pit <br />Permit #: M-1985-008 <br />Location: Section 19, Twp 26 S, Rng. 69 W, 6th P.M., Huerfano County <br />Mr. Ary, <br />On January 16, 2009, Ray Garcia, Water Commissioner for District 79, inspected the above location and <br />discovered an area of exposed ground water and/or impounded subsurface return flows. <br />A review of this location by the State Engineer's Office indicates that there is no substitute water supply <br />plan or other plan in effect to replace the evaporative loss associated with the exposed ground water <br />caused by your mining operation. <br />CRS 37-90-137(l 1)(a)(1) states, "No person shall, in connection with the extraction of sand and gravel by <br />open mining as defined in 34-32-103 (9), C.R.S., expose ground water to the atmosphere unless said <br />person has obtained a well permit from the state engineer pursuant to this section. A well permit shall be <br />issued upon approval by the water court of a plan for augmentation or upon approval by the state engineer <br />of a plan of substitute supply; ..." <br />DIVISION OF WATER RESOURCES <br /> <br />ORDER <br />Therefore, you are hereby ordered to comply with the above statute by either: <br />(a) Backfilling the area of exposed ground water within 30 days of receipt of this Order, or