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DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES Response to Reclamation Permit Conversion Application Consideration DATE: October 2, 2012 TO: Michael A. Cunningham, Environmental Protection Specialist CC: Division 1 Office, District 1 Water Commissioner FROM: Sarah Brucker, P.E. RE: Green Bros. Gravel Pit No. 2, File No. M- 1995 -030 Operator: McAtee Construction Co. Contact: Darren Gebhart, (970) 521 -0651 Sec. 33, Twp. 4 North, Rng. 57 West, 6th P.M., Morgan County CONDITIONS FOR APPROVAL c p John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director /State Engineer RECEIVFf 022012 *Division of r. Mining & Sat ;i The proposed operation will still consume ground water by: ® evaporation, ❑ dust control, ❑ reclamation, ® water removed in the mined product, ❑ processing. The applicant is currently authorized to expose up to 5.1 acres of ground water surface to the atmosphere. No additional ground water may be exposed at the site without first obtaining a revised plan for augmentation or substitute water supply plan. If ground water will be used for dust control purposes at the site, the applicant must obtain a new well permit pursuant to a plan for augmentation or substitute water supply plan that allows for such use. COMMENTS: The applicant has requested to convert M- 1995 -030, Green Bros. Pit No. 2, from a 110(c) Limited Impact Construction Materials Permit to a 112(c) Regular Construction Materials Permit. The application also requests to add 9.99 permitted acres, for a total of 46.82 permitted acres. The applicant has obtained gravel pit well permit no. 68697 -F for the site. Well permit no. 68697 -F was issued on the condition that the well (gravel pit) is operated in accordance with the Green Brothers, LLC augmentation plan approved by the water court in case no. 2000CW185. The permit allows for the exposure of up to 5.1 acres of surface water. According to the conversion application, there are currently 2.76 acres of surface water exposed at the site. In addition to evaporation, permit no. 68697 -F allows for the moisture lost in the mining of up to 25,000 tons of aggregate per year, or the amount that will result in a total consumptive use of 6.7 acre -feet per year. The conversion application estimates current water use at the mine including evaporation losses, loss with material, and dust control to be 3.628 acre -feet per year. Please note that dust control is not an allowed use under either well permit no. 68697 -F or the plan for augmentation decreed in case no. 2000CW185. If ground water will be used for dust control purposes at the site, the applicant must obtain a new well permit pursuant to a plan for augmentation or substitute water supply plan that allows for such use. The site is proposed to be reclaimed to rangeland with two ponds upon completion of mining activity. The ponds will have a combined surface area of approximately 28.28 acres. The conversion application indicates that no new water surface above the permitted 5.1 acres will be exposed until the augmentation plan has been revised to allow for more water area and /or a substitute water supply plan has been obtained. Therefore, no additional ground water may be exposed at the site without first obtaining a revised plan for augmentation or substitute water supply plan. Subject to the above conditions, this office has no objection to the proposed conversion of DRMS permit no. M -1995- 030 from a Limited Impact (110) Permit to a Regular (112) Permit. (C� Office of the State Engineer �J 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 -866 -3581 • Fax: 303 - 866 -3589 www.water.state.co.us