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,- <br />~ STATE d~ COLORADO <br />OFEICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />Ili IIIIIIIIIiiIIIII <br />os Soto <br />«~ <br />.~ <br />• rare <br />1317 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (303)866-3581 <br />FA%13071866-3589 <br />Mr. Fred Frei <br />0775 Road 335 <br />New Castle, CO 81647 <br />RECEIVED Roy Romer <br />Goversror <br />JUL 01 ~~~~ Ken Salatar <br />Eaeculive Director <br />June 24, 1993 Hal D. Simpson <br />Slate Engineer <br />Division of Minersls 3 Ueobyy <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 />Deaz 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 Bill 120 requires any gravel pit which exposed ground <br />water to the atmosphere afrer December 31, 1980 to replace water lost from the local stream <br />system. Pursuant to Sections 37-90-137(11)(a)(1) and (11), 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 >tiven 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 />