Laserfiche WebLink
Mr. Jared Dains <br />Greeley 35th Ave Pit M- 1977 -036 <br />January 11, 2011 <br />Page 3 <br />Lafarge has yet to transfer DRMS M- 1977 -036 to Marietta and is the current bond <br />holder at the site. Until the DRMS permit has been officially transferred, Lafarge may <br />remain liable for reclamation of the site including lining or backfilling to prevent long <br />term depletions in the unlikely event the pit operator `walks away' from the site. In <br />accordance with the letter dated April 30, 2010 (copy attached) from the Colorado <br />Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining <br />operators must comply with the requirements of the Colorado Reclamation Act and the <br />Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 <br />letter from DRMS requires that you provide information to DRMS to demonstrate you can <br />replace long term injurious stream depletions that result from mining related exposure <br />of ground water. The DRMS letter identifies four approaches to satisfy this requirement. <br />In accordance with approach no. 1 and 3, Lafarge has obtained a bond for $967,789 <br />through DRMS for lining or backfilling of the exposed ground water. <br />SWSP Conditions of Approval <br />I hereby approve the proposed SWSP in accordance with § 37 -90- 137(11), C.R.S. <br />subject to the following conditions: <br />1. This SWSP is approved with the effective date of November 1, 2011 and shall be valid <br />through October 31, 2012 unless otherwise revoked or modified. If this SWSP will not be <br />made absolute by a water court action by the SWSP expiration date, a renewal request <br />must be submitted to this office with the statutory fee of $257 no later than September 15, <br />2011 <br />2. A well permit, no. 74863 -F, was issued for a maximum total of post -1981 exposed ground <br />water area in the pit of 42 acres, and allows 6 acre -feet per year for dust control, 14.72 <br />acre -feet per year for water lost in mined product, and 8.84 acre -feet per year for <br />concrete production. A change of ownership to Marietta may be required for this permit to <br />remain valid. <br />3. The total surface area of the groundwater exposed after December 31, 1980 must not <br />exceed 26.3 acres, which results in an evaporative loss of 76.84 acre -feet per year. <br />4. The annual water used for dust control shall not exceed 6 acre -feet, the total product <br />mined shall not exceed 300,000 tons per year which results in 8.83 acre -feet per year of <br />water lost with the product, and the total annual amount of water used in concrete <br />production shall not exceed 8.84 acre -feet. <br />5. Total consumption at the 35 Avenue Pit must not exceed these aforementioned amounts <br />unless an amendment is made to this plan. <br />6. Approval of this SWSP is for the purposes as stated herein. Any additional uses for <br />which the water may be used must first be approved by this office. <br />7. All releases of replacement water must be sufficient to cover all out -of- priority depletions <br />in time, place, and amount and must be made under the direction and /or the approval of <br />the water commissioner. The release of replacement water may be aggregated to <br />maximize beneficial use. The water commissioner and /or the division engineer shall <br />determine the rate and timing of an aggregated release. The Applicant is required to <br />coordinate with the water commissioner the delivery location of replacement water to <br />ensure out -of- priority depletions are adequately replaced to prevent injury to other water <br />