2009-05-21_INSPECTION - M1980120

• Permit No: M1980120
• IBM Index Class Name: INSPECTION
• Doc Date: 5/21/2009
• Doc Name: Response
• From: Weld County
• To: DRMS
• Inspection Date: 4/15/2009
• Email Name: MAC
• Media Type: D
• Archive: No

W lie
COLORADO
May 15, 2009
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
RECEIVED GREELEY, COLORADO 80632
WEBSITE: www.co.weld.co.us
MAY 212009 PHONE [phone], EXT. 3750
FAX: [phone]
Division of an d Safety Reclamation,
Mining
Mr. Michael Cunningham
Colorado Division of Reclamation, Mining and Safety
1313 Sherman Street, Room 215
Denver, Co 80203
RE: Response to 4/15/09 Inspection Report - Koenig sand and ravel pit - Mine ID# M-1980-120
Dear Mr. Cunningham:
This letter is to respond to the requests arising from the April 15, 2009 inspection of Weld County Public Works'
Koenig sand and gravel pit located approximately 4 miles northwest of Fort Lupton, Colorado. Our responses to the
four potential problems identified in your letter are addressed below with supporting documents attached to this letter.
Additional information, to be supplied by others is forthcoming.
Item #I in the April 15 inspection report states that the DRMS has not received copies of the Substitute Water Supply
Plan (SWSP) for this gravel pit. According to our records, in 1999, the DRMS approved the 2nd amended reclamation
plan to allow for water storage use (See attached from DMG/Tom Schreiner, dated 10/14/99). That revised reclamation
plan, and subsequent agreements transferred responsibility for water rights and augmentation issues, and ownership of
the Koenig site itself along with Lupton Bottom water shares to the Central Colorado Water Conservation District
(Central). Since that time, all water rights issues for the Koenig pit have been handled by the Central which operates
the Koenig pit as a water storage facility under requirements of Water Court Case number 92-CW-021. That case was
conditionally decreed on February 3, 2000 by the Division I Water Court. Copies are attached. It was and is our
understanding that Central performed augmentation for the Koenig pit until a slurry wall was constructed around the
water storage portion of the site in June 1999. It was and is our understanding that upon completion of the slurry wall,
a SWSP would no longer be needed.
Upon your notification and requests in the April 2009 inspection report, we have contacted the Central Colorado Water
Conservation District. They have agreed to prepare a new Substitute Water Supply Plan for the Koenig site and have
begun that work. We and they request that an extension period of 90 days be granted to allow preparation of that plan
and to allow sufficient time for the Colorado Division of Water Resources, State Engineers Office to review and
comment on that SWSP.
Item #2 states that the DRMS has also not received copies of the well permit the Koenig gravel pit. It should be noted
M:/Dave B/WaterRights/Koenig DRMS InspectResp5-5-09.doc