2010-10-07_REVISION - M1977425

• Permit No: M1977425
• IBM Index Class Name: REVISION
• Doc Date: 10/7/2010
• Doc Name: Response
• From: OSE
• To: DRMS
• Type & Sequence: AR1
• Email Name: ECS
• Media Type: D
• Archive: No

A
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
Bill Ritter, Jr.
Governor
Mike King
Executive Director

Dick Wolfe, P.E.
Response to Reclamation Permit Application Consideratioftirector/State Engineer
DATE: 0 ober 7, 2010
TO: Eric C. Scott, Environmental Protection Specialist
CC: Division 1 Office, District 3 Water Commissioner
FROM: loana Comaniciu, P.E.
RE: Strang Pit, Permit No. M-1977-425
ty r 1 t i:l
Operator: Larimer County Road & Bridge Department
Contact: Larimer County Road & Bridge Department -970-498-5652
Section 33, Twp 7 North, Rng 68 West, 6th P.M., Larimer County "41 "S --Y
CONDITIONS FOR APPROVAL
Larimer County Road & Bridge Department requested partial acreage release for the Strang Pit,
Permit No. M1977-425.
While the DRMS permit is identified as the Strang Pit, several pits are included in the M1977-425
Strang Pit Permit. Applicant is requesting partial acreage release for the area that includes Pond
Nos. A, B, D and E as identified in the attached map.
According to our records, ground water was exposed in the Pond A prior to January 1, 1981. Based
on the Division 1 Water Court decision in case no. 2009CW49, the replacement of evaporative
depletions is not required for ground water exposed to the atmosphere prior to January 1, 1981
through open mining of sand and gravel, regardless of whether open mining operations continued or
were reactivated on or after that date. The Water Court effectively held that Senate Bill 120 of 1989,
as amended in Senate Bill 93-260, exempted all pre-1981 exposed ground water regardless of
whether open mining operations continued or were reactivated on or after January 1, 1981.
Accordingly, the State Engineer's Office is of the opinion that the acreage release for the surface
area exposed prior to January 1, 1981 within Pond A is acceptable and recommends approval.
In addition, according to our records Pond Nos. B, D, and E are covered by the augmentation plan
approved by the Division 1 Water Court in case no. 1990CW071. However, a well permit for the
area exposed after December 31, 1980 within Pond Nos. B, D and E was not obtained from the
State Engineer's Office.
Accordingly, this office is of the opinion that the partial acreage release for Pond Nos. B, C, and D
within the Strang Pit is acceptable and recommends approval, provided the Applicant will apply to
obtain a well permit for the surface area exposed after December 31, 1980 (Pond Nos. B, D and E).
The applicant may contact the State Engineer's Office with any questions.
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Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: [phone] • Fax: [phone]
www.water.state.co.us