2011-08-09_HYDROLOGY - M1987049

• Permit No: M1987049
• IBM Index Class Name: HYDROLOGY
• Doc Date: 8/9/2011
• Doc Name: SWSP
• From: OSE
• To: Bishop-Brogden Associates, Inc.
• Permit Index Doc Type: Hydrology Report
• Email Name: DB2
• Media Type: D
• Archive: No

Page 2 of 8
Jeffrey Clark
August 8, 2011
Depletions will result from evaporative losses and water removed in the mined product at
the Bromley Lakes site, and evaporation losses at the North Tower Pit. The proposed
replacement sources are consumptive use credits from Fulton Ditch shares owned by the
Applicant, water previously stored in Kenneth Mitchell Lake, water leased . from the City of
Brighton, and water stored under the Erger Pipeline water right.
In accordance with the letter dated April 30, 201() from the Colorado Division of
Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply
with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations
for the protection of water resources. The April 30, 201() letter from DRMS required that you
provide information to DRMS to demonstrate you can replace long term injurious stream
depletions that result from mining related exposure of ground water. The DRMS letter identified
four approaches to satisfy this requirement.
In accordance with approach no. 4, you have provided an affidavit dated August 4, 2010
that dedicates the 70 shares of the Fulton Ditch water as replacement water solely for this
SWSP for as long as there are depletions at this gravel pit site or until such time as another
replacement source is obtained. A copy of the affidavit is attached to this letter. For the
purposes of this SWSP, this affidavit will be accepted for the dedication of the shares;
however, if the State Engineer determines that a different affidavit or dedication process
is necessary to assure proper dedication of the shares, additional information may be
required prior to future SWSP approvals.
Also, in accordance with approach nos. 1 and 3, you have indicated that a bond has
been obtained for $4,169,240 that can cover the cost of lining or backfilling the Bromley Lakes
site to prevent the exposure of ground water.
A water court application for a permanent augmentation plan for the North Tower Pit was
filed on March 1, 1990 under case no. 1990CW39. The application was amended on November
26, 2003 and a second amendment was filed on January 23, 2008. The approval of this plan
does not imply a position by our office on any litigation associated with case no. 1990CW39 or
any other case. Condition 14 of the previous SWSP approval required the Applicant to include
information that describes what steps they have taken towards obtaining a final decree, to
assure that the court application continues to progress through the court process. According to
the information provided in this SWSP request, the Applicant has been working diligently to
obtain a final decree in case no. 1990CW39. A revised engineering report and draft decree
were circulated to objectors in that case on April 29, 2011, with comments due by September
30, 2011. A status conference has additionally been set for October 20, 2011.
Condition 13 of the previous SWSP approval required the Applicant to demonstrate to the
State Engineer's Office that they have commenced backfilling or lining of Ready Mixed Pit No.
1; have obtained an agreement with Brighton regarding lining of the pond; or are diligently
negotiating to obtain an agreement with Brighton. According to your June 16, 2011 letter,
RMCC and Brighton have been working to have the Bromley Lakes site annexed into the City of
Brighton. Once the annexation is finalized, you anticipate that RMCC and Brighton will begin
discussing Brighton's purchase and remediation of the remaining area within the Bromley Lakes
site.