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iii iiii~iiiiiiiiiii <br />999 <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1713 Sherman Street, Room B18 <br />Denver, Colorado 80?O7 <br />Phone 1303) 866.3581 <br />FAX 13031 866-3589 <br />~ STATE OF COLORADO <br /> Of' ~~[~ <br />' <br /> O -~ 4 <br />i. <br />r <br />' <br />O <br /> w <br />'. <br />~ <br />.. <br />~ <br />e <br /> !8]6 <br />Roy Romer <br /> Governor <br /> Ken Salazar <br /> Executive Director <br />June 24, 1993 Hal D. Simpson <br /> 9aie Engineer <br />Mr. Fred Frei <br />0775 Road 335 <br />New Castle, CO 81647 <br />CERTIFIED MAIL, NO. P 784 069 582 <br />Final Request for Information <br />RE: Silt Pit (aka Flag Sand & Gravel), M81202 <br />SWl/4, NWl/4, Section 12, T6S, R92W, 6th P.M. <br />Water Division 5, Water District 45 <br />Dear Mr. Frei: <br />In 1989 the Colorado Legislature passed Senate Bill 120 which affects any gravel pit in' <br />operation after December 31, 1980. Senate Bil] 120 requires any gravel pit which exposed ground <br />water to the atmosphere after December 31, 1980 to replace water lost from the local stream <br />system. Pursuant to Sections 37-90-137(II)(a)([) and (If), C.R.S.(1990), a well permit and <br />substitute water supply plan or court-approved augmentation plan must be obtained for a gravel <br />pit. <br />Our records indicate that payment of fees and a submittal of a water supply plan was made <br />for the operation on July 16, 1990. The water supply plan was reviewed by our consultant, Rocky <br />Mountain Consultants, and was found to be insufficient to conclude there was a viable plan to <br />physically offset out-of-priority diversions. A review of the file shows that you were contacted by <br />letters dated February 11, 1992 and October 7, 1992 (copies attached), requesting additional <br />information regarding the supply plan. To date, neither Rocky Mountain Consultants nor this office <br />has received a complete and adequate response from you. <br />You are hereby Qiven 30 days from receipt of this letter to provide ALL the information <br />requested in the attached letters to this office. Failure to respond with the submittal of this <br />information may result in the disapproval of the water supply plan. In accordance with Sections <br />37-92-502, 503 and 504, C.R.S.(1990), appropriate legal action, including injunctive relief, attorney <br />fees and triple damages, may be pursued against you, the landowner and any other users of the <br />waters diverted out-of-priority through the gravel pit. <br />