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pSYI <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />John W. Hickenlooper <br />Governor <br />August 27, 2013 Mike King <br />Executive Director <br />2'iSteven T. Brown Dick Wolfe, P.E. <br />arge North America, Inc. REC E 10/E ® Director /State Engineer r <br />10170 Church Ranch Way, Suite 200 <br />Westminster, CO 80821 k�'UG 2 7 20.1111 <br />Re: Bluestone Gravel Pit Site DIVISION OF RECLAMATION <br />DRMS File No.4- 1991 -035 MINING AND SAFETY <br />E1 /2 SW1 14 and W1 /2 SE1 /4 of Sec. 4, and E1 /2 NW1 /4 and E1 /2 SW1 /4 of Sec. 9, <br />all in Twp. 2S, Rng. 70W, Sixth P.M. <br />Water Division 1, Water District 6, Jefferson County <br />Dear Mr. Brown: <br />This letter is in response to your letter dated June 27, 2013 regarding the reclamation process <br />of the Bluestone Pit, Division of Reclamation Mining and Safety ( "DRMS ") Permit No. M1991 -035, <br />located off Highway 93 in Jefferson County. You indicated that Lafarge has revised its reclamation <br />plan with DRMS, in order to address the evaporation depletions from exposed ground water, storm <br />water issues, and the integration of the property into the Rocky Flats National Wildlife Refuge. The <br />2011 aerial photos provided with your letter show several ground water ponds located within the four <br />areas designated as A, B, C and D. <br />These ponds expose ground water to the atmosphere that is tributary to the South Platte River <br />and as such they are classified as wells and are subject to all applicable rules, regulations and <br />statutes governing the withdrawal and use of water in the South Platte River System. Colorado <br />Revised Statutes ( "C.R.S. ") prohibits the State Engineer from allowing the operation of a well that <br />cause out -of- priority depletions unless the well is operated in accordance with a plan for augmentation <br />approved by the water judge, or in accordance with a Substitute Water Supply Plan (SWSP) approved <br />by the State Engineer (see § 37- 92- 308(1)(c)(III), C.R.S.). Evaporation of exposed ground water <br />within the four areas will cause depletions to the South Platte River. Therefore, in order to ensure that <br />there are no longer depletions from evaporation that will need to be replaced, the following steps were <br />taken: <br />Area A - The two ponds visible in the 2011 aerial photo have been completely backfilled, which <br />eliminated all ground water exposed within this area. The backfilled is reflected in the 2012 aerial <br />photo. Since all the ground water exposed in these two ponds has been eliminated, there are no <br />longer depletions from evaporation than need to be replaced from these two ponds. <br />Area B - You indicated that this pond "kettle pond" only occasionally held water. At the request of the <br />DRMS Lafarge has graded the area and backfilled the pond to more than two feet above the ground <br />water table. Although you indicated that this pond has been backfilled more than two feet above the <br />ground water table, according to the 2012 aerial photo it appears that this pond could occasionally <br />hold storm water. If storm water is not diverted or captured in priority, by exchange or under an SWSP <br />or a decreed plan for augmentation, Colorado Water Law requires it to be released. The State <br />Engineer's current policy requires that all storm water stored out of priority be released to the stream <br />system within a maximum 72 hours after/Office detainment. <br />of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 <br />www.water.state.co.us <br />