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April 30, 2010 <br />Permittee Address <br />RE: Mining Operations with Exposed Ground water <br />To Whom It May Concern: <br />The Division of Reclamation Mining and Safety Is responsible for ensuring that Sand and Gravel mining <br />operators comply with the requirements of the Colorado Land Reclamation Act for the Extraction of <br />Construction Materiels (Act) and the Mineral Rules and Regulations of the Colorado Mined Land Reclamation <br />Board for the Extraction of Construction Materials (Rubs). Among these requirements are provisions for the <br />protection of water resources. The Act requirei that reclamation plans must ensure minimization of <br />disturbances to the preyailing hydrol is balance, indudlrtg disturbances to the quantity of water in the area <br />affected by mining and in the surrounding areas. § 34,32.5.116(4)(h). Rule 3.1.6(i)(a) requires compliance <br />with Colorado water laws and regulations goysming injury to existing water rights both during and after <br />mining. Permits must spedfy how the permhtee will comply with applicable Colorado water laws and <br />regulations governing injury to existing water right rights. Rule 6.3.3(j)i Rule 6A.S(2)(c). After an extensive <br />review, the Division determined that several 6perators may not have appropriate permit conditions to <br />address certain reclamation flaldlttks arising from impacts to water resources. <br />In September 2009 the Division of Water Resources (DW R) updated Its Guidelines for Sand and Gravel Pits. <br />These guidelines provide guidance on achieving eomplienee with state law regarding replacemant of <br />depletions from sand and gravel mining, thus the guidelhies provide a benchmark for the protection of ' <br />hydrologic balance required under the Act and Rule. As noted in the Guidelines, sand and gravel <br />operations which expose groundwater without complying with state law create a reclamation liability by <br />Impacting available groundwater. <br />State law requires that any person exposing ground water must obtain a well permit from the SEO pursuant <br />to § 37-90-137(11). Because exposed groundwater results In out-of-priority water depletIoM operations <br />which expose ground water must also eventually obtain a water-court approved augmentation pion. <br />Currently, several operators do not have either an augmentation plan or bonding to provide an alternative <br />method to mitigate injurious stream depletions that result from mini"lated exposure of ground <br />water. The Division has a statutory duty to ensure that lands affected by mining are reclaimed In a manner <br />that complies with state law and to ensure that operators have sufficient bonding to achieve reclamation. In <br />order to assist operators in achieving compliance with these requirements, the DivWon proposes that, by <br />April 30, 2011, operators should contact the Division and agree upon a plan for achieving compliance.