2012-02-03_HYDROLOGY - M1983090 - Laserfiche WebLink

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Mr. Andy Rodriguez Page 6 Poudre Pits Aggregate Mine SWSP January 26, 2012 Reservoir and will be assessed a total transit loss of 9.1%, or as assessed by the Water Commissioner. Copies of the 2011 and 2012 lease leases were provided to this office and are attached to this letter. In accordance with the letter dated April 30, 2010 (copy attached) 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, 2010 letter from DRMS requires 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 identifies four approaches to satisfy this requirement. The 4 approach requires documentation to identify what water rights or other permanent water source will be dedicated to the SWSP to assure that all permanent depletions from either an unforeseen abandonment of the site by the Applicant or as a result of long term ground water exposure after completion of mining and reclamation will be replaced so as to prevent injury to other water rights Information documenting compliance with the April 30, 2010 DRMS Letter has not been provided to our office. The applicant has stated that the Tigges land owner will provide a long term augmentation plan for the ponds exposed on the Tigges property using up to 11 shares of his Whitney Ditch shares. The operator is in the process of assessing and obtaining bonds to cover lining or backfilling operations to prevent the longterm depletions that would be caused if the operator abandons the pit. This SWSP and all future SWSP will not allow any additional exposure of ground water until the operator is able to document compliance with the April 30, 2011 DRMS Letter. Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with §37 -90- 137(11), C.R.S., subject to the following conditions: 1. This plan shall be valid for the period of March 21, 2011 through December 31, 2012 unless otherwise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee of $257 for each DRMS site no later than November 15, 2012. 2. A valid well permit must be obtained for the current use and exposed surface area at the North La Poudre Pit in accordance with §37 -90- 137(2) and (11), C.R.S. in conjunction with this plan. The provisions of Colorado Revised Statute 37 -90- 137(2) prohibits the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402 -5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan may be cancelled. 3. Well permits were obtained for the current use and exposed pond surface area at the Firestein /Tigges /Roberts Pit, and the La Poudre Pit in accordance with §37 -90- 137(2) and (11), C.R.S., permit nos 62773 -F, and 61571 -F, respectively. 4. The total area of pond surface exposed acres for each of the pits shall not exceed those values listed in Table A of this approval. Should the total surface area exposed exceed those amounts, the Applicant is required to immediately file an amendment with this office. 5. The total amount of ground water to be appropriated from each of the pits shall not exceed the values listed in Table B of this approval.