2013-03-28_HYDROLOGY - M1977151 - Laserfiche WebLink

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Mr. Jared Dains, E.I. Page 5 of 8 March 27, 2013 extended to March 31, 2014 upon the submittal and approval of a non - irrigation season lease (see condition #1). Long Term Augmentation The final reclamation plan for the mining site is to create 4 unlined lakes totaling 95 acres. These lakes will expose ground water to evaporation and as such will create a long term augmentation requirements. 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 In accordance with approach no. 4, you have provided an affidavit dated February 12, 2013 that dedicates 3.0 shares of the Applicant's GIC water as replacement water solely for this SWSP for as long as there are depletions at this gravel pit site or until such time as another replacement source is obtained. A copy of the affidavit is attached to this letter. As evidenced by the need for additional leases covering the irrigation and non - irrigation seasons during this plan period, 3.0 GIC shares are not sufficient by themselves to provide long term augmentation water for the current 76.60 acres of exposed ground water, nor for the final reclamation plan of 95 acres of exposed ground water. As such the dedication of 3.0 GIC shares does not meet the requirements of approach no. 4. The previous SWSP approval required that prior to future approvals the Applicant must dedicate additional water to this plan or propose other steps that will be taken to prevent the exposure of additional ground water at the pit and associated long term augmentation requirements. Therefore, in order for this plan to be extended beyond October 31, 2013 the applicant must provide documentation showing the applicant can cover the long term augmentation of the site, or has an approved plan in writing with DRMS by which the Applicant will obtain compliance with the April 30, 2010 DRMS letter. This can be done through a combination of dedicating additional shares or by providing bonds through DRMS to backfill or line all ground water areas outside of that which the dedicated shares can adequately augment. SWSP 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 is approved with the effective date of April 1, 2013 and shall be valid through October 31, 2013 unless otherwise revoked or modified. This plan will automatically be extended to March 31, 2014 upon the submittal of an acceptable non - irrigation season lease of fully consumable water AND the submittal of documentation showing that long term augmentation can be adequately augmented by the Applicant. 2. 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 no later than August 15, 2013 (or February 15, 2014 if extended per condition #1).