2013-01-09_HYDROLOGY - M1977344 - Laserfiche WebLink

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Ms. Lindsay M. Griffith, P.E. Page 2 January 8, 2013 31.13 acre -feet per year) is proposed for replacement of evaporative losses for the Holcim's other ponds. The use of the evaporation loss component of the changed Porter Ditch water right in a SWSP (specifically the 31.13 acre -feet per year) from Case No. 92CW35 was approved by the SEO in a letter dated September 12, 2012 (copy attached). However, although the SEO determined that the Duck Pond qualifies as a pre -1981 pit and does not require replacement of. depletions due to evaporation, note that it is the position of the SEO that mining activities other than extraction of sand and gravel (for example limestone quarry) do not qualify under the statute 37 -90- 137(11) (b) for the pre -1981 exception to the augmentation requirement. The statute states: "If any ground water was exposed to the atmosphere in connection with the extraction of sand and gravel by open mining as defined in Section 34 -32- 103(9) C.R.S. prior to January 1, 1981, no such well permit, plan for augmentation or plan of substitute supply plan shall be required to replace depletions from evaporation; except that the burden of proving that such ground water was exposed prior to January 1, 1981, shall be upon the party claiming the benefit of this exception." Therefore, since it is not clear whether the Duck Pond was created as a result of open mining of sand and gravel or other mining activities, and if the Applicant seeks to claim this exception in a future SWSP, the Applicant shall demonstrate to the SEO that the Duck Pond was created through open mining of sand and gravel and qualifies as a pre -1981 pit. The Applicant is hereby notified that unless it can demonstrate that the Duck Pond was created as a result of the open mining of sand and gravel, future SWSPs will not allow the use of the evaporation loss component of the changed Porter Ditch water right (specifically the 31.13 acre -feet per year) from Case No. 92CW35 to apply to Holcim's other ponds. 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. In accordance with approach nos. 1 and 3, a bond has been obtained for $5,268,550.00 through the Division of Reclamation, Mining, and Safety ( "DRMS ") to assure that depletions from groundwater evaporation do not occur in the unforeseen event, or events, that would lead to the abandonment of the Pit. Depletions Depletions at the Holcim Quarry consist of evaporative losses and operational losses due to dust control and water removed within the mined product. As mentioned above the Applicant is seeking to use the evaporation loss component of the changed Porter Ditch water right from Case No. 92CW35 to cover the evaporation losses from the other ponds on the Holcim Quarry DRMS permitted boundary. The decree in Case No. 92CW35 allows for up to 8.3 acres of exposed groundwater and the associated evaporation depletions from the 8.3 -acre pond are identified as 31.13 acre -feet per year. Currently, the total exposed groundwater surface area within the Holcim Quarry DRMS permitted boundary is 2.37 acres. However, the exposed surface area can fluctuate based on mining conditions and is estimated at 6.3 acres in 2013, but is not expected to exceed 8.3 acres. For the purpose of this SWSP you estimated the maximum exposed surface area for 2013 at 8.3 acres (2.1 acres in the North Pit Pond, 2.1 acres in the East Pit Pond, 2.0 acres in the West Pond and 2.1 acres in the Glory Hole Sump). The attached Table 1 provides an estimate of the exposed groundwater in 2013.