2010-12-13_PERMIT FILE - M2010049 (3)

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Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick Colorado 80516 Telephone (970) 353-8310 Fax(970)353-4047 The approved stormwater discharge permit applied for an average flow of up to an average of 7.2± MGD. A copy of the approved permit from Colorado Department of Public Health and Environment, and related stormwater management plan are included as an addendum to this submittal. 22. The Applicant has identified a number of permitted and/or adjudicated water rights that are within 600 feet of the affected land. The Applicant will need to demonstrate that impacts to surface and groundwater will be minimized both during mining and reclamation. Several options are available that will satisfy this requirement. The Division requests the Applicant review the options listed below and commit to completing one of the following: a) The Applicant will define the cone of depression for any areas to be dewatered and dry mined. The cone of depression should define, at a minimum, the horizontal and vertical extent of expected impacts. As part of this assessment, the Applicant will identify the owner of any permitted and/or adjudicated water right that may be adversely affected and will provide a mitigation plan for such permitted and/or adjudicated water right. Also, prior to exposure of groundwater at the site, the applicant will provide the Division with written evidence of a damage waiver from all owners of permitted and/or adjudicated water rights within 600 feet of the affected land. b) The Applicant will define the cone of depression for any areas to be dewatered and dry mined. The cone of depression should define, at a minimum, the horizontal and vertical extent of expected impacts. As part of this assessment, the Applicant will identify the owner of any permitted and/or adjudicated water right that may be adversely affected and will provide a mitigation plan for such permitted and/or adjudicated water right. Also the Applicant will provide the Division with a detailed groundwater investigation to verify whether the proposed rate of pumping, expected drawdown rate, and expected cone of depression during maximum pit disturbance will or will not adversely affect the owner of any permitted and/or adjudicated water right. If the groundwater right may be adversely affected, the Applicant will provide a mitigation plan for such permitted and/or adjudicated water right. (For purposes of this groundwater investigation, the maximum pit disturbance will be defined as the maximum number of acres excavated and dewatered at any one time. Varra Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation (OMLR) 12 in reply to OMLR correspondence of 4 October 2010 - Western Sugar Reclamation Land Development Project - M-2010-049.