2011-02-24_HYDROLOGY - M1978327 - Laserfiche WebLink

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DEPARTMENT OF NATURAL RESOURCES ec s DIVISION OF WATER RESOURCES John W. Hickenlooper Governor Mike King Executive Director February 14, 2011 Dick Wolfe, P.E. Director/State Engineer Mr. Tom Hatton A4pplegate Grog, Inc. 1499 West 120 Avenue, Suite 200 Denver, CO 80234-2728 RE: Substitute ter Su ly Plan for Kauffman #1 Pit (WDID 0402530) D MR S No. -78-32 E %, Section 20, T5N, R68W, 6th P.M. RECEIVFrN Water Division 1, Water District 4, Larimer County 66 2 4 2011 Approval Period: January 1, 2011 through December 31, 2011 Division of r eCiao'at"'Contact Phone Number for Mr. Tom Hatton: 303-452-6611 Mining and Safety Dear Mr. Hatton: We have reviewed your letter of October 26, 2010 requesting renewal of the above referenced substitute water supply plan for a sand and gravel pit. The required fee of $257.00 for the renewal of this substitute water supply plan has been submitted (receipt number 3647806). The original substitute water supply plan was approved on April 6, 1992 and it was most recently approved on February 9, 2010. SWSP Operations The mine is located in Larimer County in the NE 1/4 of Section 20, Township 5 North, Range 68 West of the 6th P.M., and has well permit no. 42901-F (WDID 0403009). According to your letter, there will be no aggregate production at the Kauffman #1 Pit during the term of this plan. The only consumptive uses at this site will be from evaporation of exposed ground water and dust control. The total exposed surface area at this site is 42.5 acres of which 36.2 acres of water surface was exposed prior to January 1, 1981. Reclamation is anticipated to begin in January 2011. The proposed reclamation plan includes backfilling approximately 16 acres of the currently exposed surface area. The remainder 26.5 acres of exposed surface area is to be reclaimed as unlined lakes. The replacement water will be supplied by a lease with the City of Loveland. Based on the Division 1 Water Court decision in case no. 2009CW49 (entered August 27, 2009), 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 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, for the 42.5 acres (36.2 acres exposed prior to January 1, 1981 and 6.3 exposed after December 31, 1980) of ground water currently exposed at the Kauffman #1 Pit, replacement of evaporative depletions is only required from the 6.3 acres exposed after Office of ke State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 http://water.state.co.us