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OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />. Phone (303) 866 -3581 <br />FAX (303) 866 -3589 <br />www.water.state.co.us <br />Mr. Michael J. Hart <br />Hart Environmental <br />2255 Meadow Avenue <br />P.O. Box 4303 <br />Boulder, CO 80306 <br />Dear Mike, <br />STATE OF COLORADO <br />December 11, 2003 <br />Subject: Reconfiguration of the Olson Pits in NE t/< of Section 20, Township 2 North, Range 68 <br />West. <br />Dick and I have had a chance to review your proposal to reconfigure the Olson Pits in the <br />NE1 /4 of Section 20, Township 2 North, Range 68 West. Our comments to your proposal are <br />contained herein. We apologize for the untimely response. <br />It is our understanding, pursuant to our conversation on August 27, 2003 and your letter <br />dated September 8, 2003, that you represent clients who own the Iands associated with the Olson <br />Pit in said Section 20 and that you want to increase the size of Olson Pit no. 2 and reduce the size <br />of Olson Pit No. 1. Furthermore, you indicated that the anticipated total pit area within said <br />Section 20 will not exceed 16 acres and that you do not own or intend to affect that portion of the <br />Olson Pit (Olson Pit No. 3) located in Section 17, Township 2 North, Range 68 West. <br />Your intent is to effectuate this new operation without the requirement of augmentation <br />or a state engineer approved substitute water supply plan. You desire to continue operation under <br />the Agreement Regarding Sand and Gravel Mining and Augmentation Plan Pertaining Thereto <br />between the Water Users Association of District No. 6 and Lee Ervin Olson and Florence M. <br />Olson signed on June 2, 1980 ( "agreement ") and DMG permit no. M80160 ( "DMG permit "). <br />The basis for this proposed operation is that the total pit area in said Section 20 will be less than <br />that currently authorized, 16.31 acres (10.51 for Olson Pit No. 1 and 5.8 for Olson Pit No. 2). <br />You have further indicated that Olson Pit No. 1 has for the most part been backfilled as part of a <br />reclamation process and therefore currently in said Section 20 no ground water is currently <br />exposed. Finally, you have indicated that you will maintain the backfilled portion of Olson Pit <br />No. 1 to allow Olson Pit No. 2 to be increased in size to approximately 16 acres. <br />Pursuant to § 37- 90- 137(11)(1)(a), C.R.S. no replacement water shall be required by the <br />state engineer or the water court, if a gravel pit owner or operator has entered into and has <br />continually thereafter complied with a written agreement with an association which augments or <br />replaces the depletions associated with the sand and gravel operation. It is our understanding that <br />the current agreement has been continually complied with, therefore no additional replacement is <br />required for the present operations. <br />Bill Owens <br />Governor <br />Greg E. Walcher <br />Executive Director <br />Hal D. Simpson, P.E. <br />State Engineer <br />