2010-11-23_HYDROLOGY - M1981302 - Laserfiche WebLink

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V, &?a? ir -,Z?tm At >'nl Y? Porzak Browning & Bushong LLP Glenn E. Porzak A t t o r n e y s • a t • L a W Boulder Office: Michael F. Browning Please direct all correspondence to the Boulder office 929 Pearl Street, Suite 300 Steven J. Bushong Boulder, CO 80302 P. Fritz Holleman 303 443-6800 Tel. Kristin Howse Moseley 303 443-6864 Fax. Kevin J. Kinnear November 22, 2010 Vail Office: W. Korver* ffice: 953 S. Frontage Road W. Eli Thomas Feldman Suite 202 Katherine A. D. Ryan Vail, CO 81657 Karen L. Henderson 970-476-5295 Tel. *Also Admitted in Wyoming 970-476-5309 Fax. Loretta E. Pineda David Nettles Director Division Engineer Division of Reclamation, Mining and Safety Water Division No. 1 1313 Sherman Street, Room 215 810 9`" Street, Suite 200 Denver, CO 80203 Greeley, CO 80631 M--10 1-.30 Z- Re: University of Colorado Turnpike Pit and Deepe Farm Pitt Dear Loretta and David: I am special water counsel for the University of Colorado. I am responding on behalf of the Regents of the University to a letter dated April 30, 2010, a copy of which is attached hereto as Exhibit A, that the Division of Reclamation, Mining and Safety sent to the Regents concerning the above referenced gravel pit ponds. The letter appears to be a form letter advising holders of reclamation permits of the possible need to either (a) obtain judicial approval of an augmentation plan, or administrative approval of a substitute supply plan, to cover evaporative losses from unlined gravel pits that expose groundwater to evaporation, or (b) post adequate financial security as part of their remediation plan. The letter references two gravel pits - the Turnpike Pit and Deepe Farm Pit - that were mined on property immediately south of Boulder before the land was purchased by the University in 1996, which property is now known as the "South Campus." The mining operation had been conducted by Flatiron Sand and Gravel Company.. .The mining is essentially complete, but one or both of the related reclamation permits may still be open pending development of final land use plans. Each of the two Pits involved is discussed below. TURNPIKE PIT The Turnpike Pit, DMB Permit No. M-78-064, had been mined since before 1960. All mining was completed by the time the University purchased the property. The status of evaporation from the Turnpike Pit was addressed in (a) a letter July 11, 1994 from Bob Brand of Rocky Mountain Consultants to Dick Wolfe, then Division Engineer, a copy of ?0"ECE!"1EC NOV 2 3 2010 Naming and sd*