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Jared Dains <br />South Platte Combined Replacement Plan <br />January 9, 2013 <br />The sites undergoing active dewatering are: Hazeltine Pit, Wattenberg Pit, Distel Pit, and W.W. <br />Farms Pit <br />Page 13 <br />Long Term Depletions and Reclamation <br />In 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 operators must <br />comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and <br />Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires <br />that you provide information to DRMS to demonstrate you can replace long term injurious stream <br />depletions that result from mining related exposure of ground water. The DRMS letter identifies <br />four approaches to satisfy this requirement. <br />In accordance with approach no. 4, you have provided an affidavit dated February 29, 2012, <br />that dedicates the 13.5 shares of the Whitney Ditch Company and 96 shares of the Fulton Irrigating <br />Ditch Company as replacement water solely for this SWSP for as long as there are depletions at <br />these gravel pit sites or until such time as another replacement source is obtained. A copy of the <br />affidavit is attached to this letter. For the purposes of this SWSP, this affidavit will be accepted for <br />the dedication of the shares; however, if the State Engineer determines that a different affidavit or <br />dedication process is necessary to assure proper dedication of the shares, additional information <br />may be required prior to future SWSP approvals. The current bond posted for the F- Street pit was <br />found to be inadequate during a site inspection by DRMS on February 10, 2012. Per an August 14, <br />2012 letter from DWR, we will continue to renew the SWSP for the F- Street Pit to allow time for <br />Aggregate to actively work towards settling legal matters pertaining to the long -term replacement <br />source with the land owner. Until this issue is resolved, or shares are dedicated to this plan for the <br />purposes of long term injurious stream depletions, no diversion of ground water beyond that <br />approved by this SWSP (evaporation) will be permitted at the site. <br />A summary of the final reclamation and the compliance approach to the DRMS letter <br />including the current posted bond amount is shown on the next page in Table E. <br />