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r <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />Response to Reclamation Permit Application, Consideratiof11 Ritter, Jr. <br />Governor <br />DATE: September 16, 2010 <br />TO: Eric Scott, Environmental Protection Specialist <br />CC: Division 1 Office, District 3 Water Commissioner <br />FROM: loana Comaniciu, P.E. <br />RE: Home Office Pit, Permit No. M-1977-439 <br />Operator: Lafarge West, Inc. <br />Contact: Lafarge West Inc. - 303-657-4579 <br />Sections 33, Twp 8 North, Rng 69 West, 6th P.M., Larimer County <br />Mike King <br />Executive F?irector <br />Dick Wolfe, P.E. <br />Director/State Engineer <br />CONDITIONS FOR APPROVAL <br />Lafarge West Inc. ("Lafarge") submitted a request for partial acreage release for the Home <br />Office Pit, (Permit No. M1977-439), permit boundary. More specifically Lafarge requested the <br />acreage release for the Parcels A, B, C, D, and Z as identified in the attached map. <br />Lafarge indicated that the exposed water surface area within Parcels A, D and Z was exposed <br />prior to January 1, 1981. In addition, Parcel B and C areas were sold to the Tri-Districts for <br />water storage purposes and the Tri-District will be responsible for the augmentation <br />requirements for the surface area exposed within Parcels B and C. <br />According to the 1980 aerial photo provided there were approximately 89.9 acres exposed <br />within the permitted boundary prior to January 1, 1981. The water surface area exposed within <br />Parcels A, D and Z has been identified as being part of the 89.9 acres exposed prior to January <br />1, 1989. Based on the Division 1 Water Court decision in case no. 2009CW49, the <br />replacement of evaporative depletions is not required for ground water exposed to the <br />atmosphere prior to January 1, 1981 through open mining of sand and gravel, regardless of <br />whether open mining operations continued or were reactivated on or after that date. The Water <br />Court effectively held that Senate Bill 120 of 1989, as amended in Senate Bill 93-260, <br />exempted all pre-1981 exposed ground water regardless of whether open mining operations <br />continued or were reactivated on or after January 1, 1981. <br />Accordingly, the State Engineer's Office is of the opinion that the acreage release for the <br />surface areas exposed prior to January 1, 1981 within Parcels A, D and Z is acceptable and <br />recommends approval. <br />According to our records the two pits within the Parcels B and C are currently included in the <br />Upper Poudre Combined Substitute Water Supply Plan ("SWSP") that was approved by this <br />office on February 28, 2010. The SWSP will expire on October 31, 2010. Note, that if <br />reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 -Water <br />Court at least three years prior to the completion of mining to include, but not be limited to, <br />long-term evaporation losses or if a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />www.watenstate.co.us