2011-05-19_REVISION - M1977439

• Permit No: M1977439
• IBM Index Class Name: REVISION
• Doc Date: 5/19/2011
• Doc Name: Response
• From: OSE
• To: DRMS
• Type & Sequence: AR2
• Email Name: ECS
• Media Type: D
• Archive: No

J'-A ,
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
sponse to Reclamation Permit Application Consideration
John W. Hickenlooper
Governor
DATE: May 19, 2011
TO: --Er c Scott, Environmental Protection Specialist
Mike King
Executive Director
Dick Wolfe, P.E.
Director/State Engineer
CC: Division 1 Office, District 3 Water Commissioner RFci 'nnzr-
FROM: loana Comaniciu, P.E. AY 'j 9 r E l
RE: Home Office Pit, Permit No. M-1977-439 oiviSlutj
Operator: Lafarge West, Inc. 7tJ Mining and Safety
Contact: Lafarge West Inc. - 303-657-4579
Sections 33, Twp 8 North, Rng 69 West, 6th P.M., Larimer County
CONDITIONS FOR APPROVAL
Lafarge West Inc. ("Lafarge") submitted a request for partial acreage release for the Home
Office Pit, (Permit No. M1977-439), permit boundary. More specifically Lafarge requested the
acreage release for the Area 1 (39.6 acres) as identified in the attached map.
According to the information from the substitute water supply plan ("SWSP") approved by the
State Engineer's Office on May 11, 2011, Area I contain a 15.7-acre pond and a 0.6-acre pond.
The SWSP clarified that there were approximately 100 acres exposed within the permitted
boundary prior to January 1, 1981. The water surface area exposed within the Area I (15.7-acre
pond and 0.6-acre pond) has been identified as being part of the 100 acres exposed prior to
January 1, 1981, as identified in the attached Home Office Pit, pre-1981 exposed surface area
map. Based on the Division 1 Water Court decision in case no. 2009CW49, 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 effectively 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, the State Engineer's Office is of the opinion that the acreage release for the Area I
is acceptable and recommends approval.
The applicant may contact the State Engineer's Office with any questions.
Office of thtate Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: [phone] • Fax: [phone]
www.water.state.co.us