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$QLORADO 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 RECEIVED NOV 1 " 2015 DIVISION OF RECLAMATION MINING AND SAFETY DATE: November 16, 2015 TO: Peter S. Hays, Environmental Protection Specialist CC: Division 1 Office, District 3 Water Commissioner FROM: loana Comaniciu, P.E. RE: Greeley 25th Avenue Pit, File No. M-2002-020 Applicant/Operator: City of Greeley Representative: William Schenderlein, Blue Earth Solutions, LLC (970) 227-2803 Section 36, Twp 6 North, Rng 66 West, 6th P.M., Weld County COMMENTS: The applicant has requested a partial acreage release for 76.41 acres at the Greeley 25th Avenue Pit, leaving 210.26 acres within the permit boundary for M-2002-020. In addition to the 38.25 acres owned by Cottonwood Land and Farm, LLC ("Cottonwood") located north of Cache La Poudre River the release request includes a 38.16 acre parcel of land owned by Cottonwood in the southeast corner of the permitted area. Concurrent with this request, the City of Greeley has requested a partial acreage release for the Greeley West Pit (M-1977-081) to remove the 164.64 -from the permit boundary of M-1981-081. The 38.16 acres located on the southeast corner of the site (including portion of the SE Pond) will be a final release since it will be removed from both permit no. M-1977-081 and M-2002-020. Following the release from the Greeley 25th Avenue Pit the 38.25 acre parcel located north of the Cache La Poudre River will still be under reclamation responsibilities of the Greeley West Pit. In addition 81.12 acres requested to be removed from M-1977-081 (including the SW Ponds and NE Pond) will continue to be included within the permit boundary of M-2002-020. In a letter dated August 11, 2011, this office acknowledged that approximately 30 acres of ground water surface exposed in the Southeast (SE) Pond is considered pre -81 area and does not require augmentation. Therefore, this office has no issue with the removal of the 38.16 -acre area from both permit nos. M-1977-081 and M-2002-020. DRMS permit no. M-2002-020 for the Greeley 25th Ave Site separated out 89.16 acres, containing Flatiron Pits 1 and 2 from permit no. M-1977-081. Flatiron Pits 1 and 2 have been combined into a single lake (aka Poudre Ponds or NW Pond) with a slurry wall liner approved by the State Engineer on September 29, 2003 as meeting the performance standard for liners, allowing the use of the lake as a reservoir for water storage by the City of Greeley. An amendment to M-2002-020 approved in September 2012 incorporated 197.51 acres of the Greeley West site, containing Flatiron Pits 3, 4, 5, and C, into the 25th Ave Site. The City of Greeley plan for augmentation (WDID 030330) decreed in Division 1 Water Court case no. 99CW231 includes evaporation from approximately 100 acres of exposed ground water surface at the Flatiron Gravel Pit Nos. 3, 4, and 5 and adjoining pits in Section 36, Township 6 North, Range 66 West. The submitted accounting for case no. 99CW231 shows evaporation from 13.1 acres of exposed ground water surface area associated with Flatiron Gravel Pits 3, 4, and 5 (and adjoining pits) is being augmented. Other depletions associated with mining at Flatiron Pits 3, 4, 5, and C, including water lost with the mined product, dewatering, and post -mining refilling of the pits, are replaced under the Greeley 25th Ave Pit Substitute Water Supply Plan, currently valid through May 31, 2016. This office has no objection to the removal of the 76.41 acres from permit no. M-2002-020. The Applicant may contact the State Engineer's Office with any questions. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3585 www.water.state.co.us