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April 30, 2010 <br />Permittee Address <br />RE: Mining Operations with Exposed Ground water <br />To Whom It May Concem: <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 Materials (Act) and the Mineral Rules and Regulations of the Colorado Mined Land Reclamatlon <br />Board for the Extraction of Construction Materials (Rules). 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 prevaliing hydrologic balance, inducting 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(1)(a) requires compliance <br />with Colorado water laws and regulations governing injury to existing water rights both during and after <br />mining. Permits must specify how tfiepermittee will comply with applicable Colorado water laws and <br />regulations governing injury to existing water right rights. Rule 6.3.V; Rule 6A.5(2)(c). After an extensive <br />review, the Division determined that several operators may not have appropriate permit conditions to <br />address certain reclamation liabilities arising from impacts to water resources. <br />In September 2009 the Division of Water Resources (DWR) updated its Guidelines for Sand and Gravel Pits. <br />These guidelines provide guidance on achieving compliance with state law regarding replacement of <br />depletions from sand and gravel mining, thus the guidelines provide a benchmark for the protection of <br />hydrologic balance required. under the Act and Rules. 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 depletions, operations <br />which expose ground water must also eventually obtain a water-court approved augmentation' plan. <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 mining-related 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. It <br />order to assist operators in achieving compliance with these requirements, the Division proposes that, by <br />April 30, 2011, operators should contact the Division and agree upon a plan for achieving compliance. <br />