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DEPARTMENT OF NATURAL RESOURCES pill <br />DIVISION OF WATER RESOURCES <br />Mr. Gordon Benton <br />8115 Turman Court <br />Fort Collins, CO 80525 <br />RECEIVE(, <br />JUL 2 0 2010 <br />WATER RESOD; <br />STATE ENGINES, , <br />COLD. <br />July 15, 2010 <br />RE: Boettcher Quarry — Sections 8 and 17, T8N, R69W, 6th P.M. <br />Dear Mr. Benton: <br />Bill Ritter, Jr. <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />David L. Nettles, P.E. <br />Acting Division Engineer <br />This letter is to follow up on a field inspection done for this site on May 18, 2010 by Water <br />Commissioner George Varra. I believe that you accompanied George on this inspection. This <br />inspection revealed two pits containing water. Pit 1 is located in the NW'/ of Section 17, T8N, R69W <br />and does not appear to expose any groundwater to the atmosphere. Pit 2 is located in the NW' /4 of <br />Section 8, T8N, R69W and does appear to expose groundwater to the atmosphere. <br />Under Colorado water law, any structure that exposes groundwater to the atmosphere is a well. To <br />bring Pit 2 into compliance with Colorado water law you have the following options: <br />A. Demonstrate to our satisfaction that Pit 2 does not expose groundwater; <br />B. Demonstrate that all of the groundwater in Pit 2 was exposed to the atmosphere prior to <br />January 1, 1981 in connection with the mining of sand and gravel; <br />C. Back -fill Pit 2 to eliminate the exposure of groundwater; <br />D. Line Pit 2 according to the State Engineer's lining standards (copy enclosed); <br />E. Obtain a well permit and either a State Engineer approved Substitute Water Supply Plan or <br />Water Court approved Augmentation Plan. <br />Please respond to this letter in writing by September 30, 2010. Your response may be either via hard <br />copy or via e -mail to david.nettles(a.state.co.us. <br />Also, please contact me if you have any questions related to this letter. <br />David L. Nettles, P.E. <br />Acting Division Engineer <br />Enclosure RECEI` Er <br />CC: George Varra, Water Commissioner (w /o encl.) <br />Voanna Williams, Water Resources Engineer (w /o encl.) MAY 012012 <br />DLN:dIn \BoettcherQuarryLtrA Division of Reclamation, <br />Water Division 1 • Greeley Mining & Safety <br />810 91h Street, Suite 200 • Greeley, CO 80631 • Phone: 970 - 352 -8712 • Fax: 970 - 392 -1816 <br />www.water.state.co.us <br />