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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 the` requirements of the ' Colorado - Land Rectarnation Act for the ‘Extractioncif '`' } " <br />Construction' Materials' (Act) and the''Mineral'Rulesand Regutations of the Colorado Mined Land Reclamation <br />Board for the Extractionfof ConstructionWlaterials (Rules) :'` Among thesereq•uirernents are provisions for the <br />protection of water resources The Act requires that reclamation' plans must ensure minimization of <br />'disturbances to prevailing hydrologic balance, including' disturb'ances to the'quantity of waterin the area <br />affected by mining and in th;e surrounding areas § 34:32.,5 Rule 3 16(1)(a) requires compliance <br />with Colorado water laws 8na regulations governing injury to` existing "water Tights both during and after r ' ' <br />mining. Permits must specify how the permittee will comply with applicable Colorado water laws and <br />regulations governing injury to existing water right rights Rule 6.3.3(j), Rule 6 4.5(2)(c). After an extensive <br />review, the Division determined that sere 'ral operators may not have'approp"riate 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. In <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 />