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gC� COLORADO Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 821 Denver, CO 80203 Response to Reclamation Permit Partial Acreage Release Request Consideration DATE: February 13, 2015 TO: Eric C. Scott, Environmental Protection Specialist CC: Division 1 Office, District 3 Water Commissioner RECEIVED FROM: Sarah Brucker P.E. 6 z-�EB 13 Z 011 RE: Firestien Pit, File No. M- 1996 -060_ Applicant /Operator: Bestway Concrete Company, (970) 587 -7277 DIVISION OF RECLAMATION Sections 30 Et 31, Twp 6 North, Rng 66 West, 6th P.M., Weld County —A-0 MINING AND SAFETY COMMENTS: The applicant has requested a partial acreage release for the Firestien Pit. The release concerns an approximately 75 -acre portion of the site known as the Roberts Pit. The area to be released includes an unlined ground water pond with an exposed surface area of approximately 33 acres, known as Lake Shiloh (WDID 0303790). Gravel pit well permit no. 62773 -F was obtained for up to 72.31 acres of ground water exposed at the Firestien /Tigges/ Roberts Pits. Lake Shiloh is included in the William R. Roberts and Dolores A. Roberts plan for augmentation (WDID 0302542), decreed in Division 1 Water Court case no. 2002CW331. Depletions from current operations at the Roberts portion of the site are covered under the decreed plan for augmentation, while depletions from past dewatering operations at the Roberts portion of the site are covered under the Poudre Pits Aggregate Mine Substitute Water Supply Plan (WDID 0302519), which most recently expired on December 31, 2014. A renewal request is currently pending in this office but is unable to be approved until the Applicant provides a signed water lease agreement for the proposed replacement water. The operator is responsible for all lagged depletions that occur due to operation of the sand and gravel mining operation, including lagged depletions from dewatering. The site must continue to be included in a valid substitute water supply plan or court - approved augmentation plan until such time as all lagged depletions have been replaced to the satisfaction of the State Engineer, Division Engineer, and water commissioner. With the approval of the Division Engineer, upon replacement of 95 percent of the depletions that remained to be replaced when mining ceased, the applicant may aggregate the remaining five percent of the lagged depletions for replacement in one final month. Based on information provided to this office as part of the Substitute Water Supply Plan request, 95 percent of the lagged dewatering depletions will have accrued to the stream by the end of 2054. In the event that the operator of the pit walks away from the site prior to final approval of an augmentation plan that includes the lagged dewatering depletions or prior to replacement of all delayed depletions, the DRMS bond will be used to ensure that depletions will not occur at the site or that depletions will be replaced. Unless the Applicant can demonstrate that another party has assumed responsibility for the replacement of lagged depletions associated with past dewatering at the Roberts Pit portion of the site, including evidence of collateral in the event that party fails to uphold their responsibilities, this office objects to the reclamation partial acreage release request. In addition, the acreage should not be released until such time as the Applicant has obtained a valid Substitute Water Supply Plan for this site. The Applicant may contact the State Engineer's Office with any questions. O C o 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3585 www. water. state.co , us &`I '