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Home My WebLink About20101301.tiff Eivircpnet, Inc. LARRY E. O'BRIAN 7985 VANCE DRIVE, SUITE 205A FOUNDER ARVADA,COLORADO 80003 STEVAN L. O'BRIAN 303-423-7297 PRESIDENT FAX 303-423-7599 June 11 , 2010 CERTIFIED RETURN Weld County Clerk to the Board RECEIPT REQUESTED 915 10th Street, 3rd Floor ITEM # 70040750000256924658 Greeley, Colorado 81003 Re: Application for a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you here with a copy of the adequacy review packet for the McEndaffer Pit to be operated by Willits Company, Inc. This packet should go with the packet we delivered to you on or about May 20, 2010. This copy is delivered to you pursuant to 34-32 . 5-112 ( 9 ) (a) , Colorado Revised Statutes 1995 , as amended, which states in part: .... the applicant shall place a copy of such application for public inspection at the office of the Board and Office of the County Clerk and Recorder of the county in which the affected land is located. This must be kept with the original packet for public review until the permit has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. The return receipt card will provide proof that we delivered this adequacy packet as required. It will be submitted to the Division of Minerals and Geology to prove the packet was deliv- ered to your office. Thanks you for your help and if you have any questions please call me. Yours truly, Stevan L. O'Brian President enclosure G➢ Piii1 p1 g"itV3 PL P w iG LC . 2010-1301 !S-_JO Environwent, Inc. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 STEVAN L.O'BRIAN 303-423-7297 PRESIDENT FAX 303-423-7599 June 11, 2010 Mr. Michael Cunningham Division of Reclamation, Mining & Safety Minerals Section 1313 Sherman Street, Suite 215 Denver, Colorado 80203 Re: Adequacy Response - Permit # M-2010-034 Willits Company - McEndaffer Mine Weld County, Colorado Dear Mr. Cunningham; On behalf of our client Willits Company, Inc. I will respond to your June 8, 2010 adequacy review letter in the order pre- sented. 1 . The operator understands the SEO's requirements and will comply with them. 6.3.1 Exhibit A - Legal Description 2 . This has been corrected. Two revised copies are attached. 3 . The revised copies now have the owners name on it as re- quired. 4 . The Legal descriptions were found to be deficient on other exhibits including this one. In particular Page 3 of the application form, Exhibit A and Exhibit A-1 . Thanks you for catching this and giving me the impetus to check all legales in the application packet. Attached are 2 copies of the corrected exhibits . 6.3.2 Exhibit B - Site Description 5 . This road only needs general maintenance to bring it back to its prior condition. This includes grading, and regraveling in places. 6 . You have to realize that the data contained in the Custom Soils Report generated by the NRCS's web page gives general descriptions of the soil classification. It is not a site specific analysis of a given site. If the soils information obtained from the NRCS source is consistent with what is ENVIRONMENT. INC. PAOE2 ADEQUACY RESPONSE • M-2010-034 JUNE 1 1 , 2010 found on the site then we do not qualify the soils depths in the report. In this case the site has may areas where the minable material is on the surface and has no vegetation cover or topsoil. In other places the soil is very thin as we noted in the report. In particular on the sides of the fingers there is little soil due to natural erosion. During Willits search for a gravel source in this area they used a spade to check cover depth on those areas where the gravel was not exposed. Willits will be lucky to obtain enough soil to cover the site with an average of 2 inches . We cannot commit to placing 4 to 6 inches on the mined areas as that may require importing soil that is prohibitively costly. Willits will commit to salvaging all material suitable for use as growth medium and replacing it on the disturbed areas to an average depth of 2 inches. 6.3.3 Exhibit C - Mining Plan 7 . We expect to strip the entire 9.07 acres at once. This is covered in the Reclamation Cost estimate where we explained the maximum disturbance scenario. 8. I should have referred to the topsoil pile locations as shown on the map as approximate locations. It was not our intent to lock the location of the piles as their exact location may change due to factors we do not foresee once stripping be- gins. Our plans are designed to be flexible so minor changes like moving topsoil piles is left to the operator as long as the soil is retained and protected. I have changed the topsoil label on the Mining Plan Map to designate them as approximate locations so a Technical Revision will not be necessary if the final locations do not exactly match the maps . The 2 eastern most topsoil piles in the map would be on the mine floor. 9. Yes, we confirm that the planned setback on the north and west sides will be a minimum of 15 feet. 10. The bench to be created for the plant site will be reclaimed since it lies within the permit area on the north end. I apologize for forgetting to put it on the Mining Plan Map. What I meant by "bench" was that Willits would begin to work into northern most gravel finger to create a level area that would serve as the processing site during mining. The elevation level would be the same as the final floor when mining ends . The gravel from this area would be processed and stockpiled as leveling is done. The cost to reclaim it is contained in the Reclamation Cost estimate I provided. For more details on the approximate location of the items contained in the Plant Site area see Adequacy Figure #1 - Plant Site Envelope attached. ENVIRONMENT, INC. PAGE 3 ADEQUACY RESPONSE - M-201 0-034 JUNE 11 , 2010 1 , 201 0 11 . There is no overburden on the site. Had there been, I would have stated its depth. 12 . Willits plans to have 10, 000 gallons of fuel on the site. I have shown its approximate location within the Plant Site Envelope. Until the plant is set up, the exact location of each piece of equipment is unknown, but will be contained within the Plant Site Envelope as shown on Adequacy Figure #1 . The tank will be surrounded by a compacted dirt con- tainment berm that has a rubber sheet liner to make it impervious . We will prepare the letter you recommend and submit it to the Division before storing fuel on the site. The SPCC will be available for review at the mine. 6.3.4 Exhibit D - Reclamation Plan 13. Mr. Willits has discussed using fertilizer with his revegetation consultants and they recommend no fertilizer be used at this site. They believe due to the limited amount of topsoil on the site, using fertilizer would only cause the grass growth to become dependent on the fertilizer and not adapt to natural conditions. As it is consumed by the plants they would not be self sustaining, possibly requiring reseeding. We withdraw the commitment to use or possibly use fertilizer for this reason. 14 . There will be no scale or scale house. Willits intends to move a portable container unit to the site to serve as an office, secure storage and gang shack, its approximate location is shown on Adequacy Figure #1 15 . There will be no permanent structures or foundations on the mine site. The exception being the Fuel containment berm and rubber mat, thought these are not permanent structures . This will be removed once mining ends . 6.3.5 Exhibit E - Map 16. The Plant site has been added to this map. Due to the scale of the maps, details of the approximate plant and stockpile locations within the Plant Site are show on Adequacy Figure #1. 17 . The Plant Site has been added to this map. Adequacy Figure #1 showing the approximate location of the Office container within the Plant Site. 18. A note was added to the Reclamation Map per your suggestion. Two copies of the revised Map Exhibit E-2 - Reclamation Map are attached. The proof of mailing receipt for the adjoining owner is attached. We have requested a Proof of Publication from the ENVIRONMENT, INC. PAGE 4 ADEQUACY RESPONSE - M-2010-034 JUNE 1 1 , 20 1 0 paper and have not received it. A copy will follow under sepa- rate cover when I have it. A copy of this response, the mailing receipts will be placed with the Weld County Clerk and Recorder and a proof of placement will be sent to the Division as soon it returns. If you have any questions please call me. Sincerely, Environment, Inc. 4kC Stevan L. O'Brian President cc Willits Company, Inc. Weld County Clerk file enclosures -3 7. Name of owner of the subsurface rights of affected land: Kenneth McEndaf fer S. Name of owner of the surface of affected land: Kenneth McEndaffer 9. Type of mining operation: ✓ Surface Underground In-situ 10. Location information: The center of the area where the majority of mining will occur: COUNTY: Adams PRINCIPAL MERIDIAN(check one): ✓ 6th(Colorado) 10th(New Mexico) Ute SECTION(write number): S 25 TOWNSHIP(write number and check direction): T 11 V North South RANGE(write number and check direction): R 57 East V West QUARTER SECTION(check one): NE V NW SE SW QUARTER/QUARTER SECTION(check one): NE NW V SE SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): 11. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg 40 min 54 sec 4 .0 2 (2 decimal places) Longitude(W): deg 103 min 42 sec 6 24 (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) (5 decimal places) I.ongitude(W) __ (S decimal places) OR UniversnlTragverse Mercatoi(U'TM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum(specify NAD27,NAD83 or WGS 84) WSG 84 Zone Easting Northing LEGAL DESCRIPTION EXHIBIT A AN AREA OF LAND LOCATED IN THE SEaNW4, SECTION 25, TOWNSHIP 11 NORTH, RANGE 57 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO, CONTAINING 9 . 99 ACRES ± . ENTRANCE AT 40°54 ' 04 . 02" , 103°42 ' 06 . 24" 1 (revised 6/10/10) 1 - �` 1 \ + -_{1) ) t\ ' -:,2 k+ e < . a �l _Jl „ Act wri *e ey A tr-4.- • (13 , y �, i I -j% I \e\' L:.--. ) ‘tir PI% II . \.‘ )? \ k t,.. -.es N,s,.. ; t Th......"1/24.-..../...4 An_ 1 4,pic) i \ i \ ' % \: kidiA \ ---\ tr.-..S "nd k k. • r � � t-,) -1Lick. *ILI) sar 47 e-• -it-,\ 4 .4 orb 11 Z. 4-.1 \-,„ i • ez3\1/4‘......k. eff 19 NA' NpL / 23 I --47 __ . _ _ i e kkii e \ . _ , , ...... .... N r tt- CS\34 -)I \\ „ c \-:\":c t- - --... .re-, : 4: : -cm. 4 "Tht-e\\\-t-- ) - I ter' (ii ,,,; _.?\, , Afi "V\ \ _ C‘i -SN ‘..) 1 � f I ---..--•• C. N \ 15‘) ri\.\ . -, \N t i ' "-‘ )--„. . 'Ss ttg - (14-y1/4\ \ �� , ,7%-\\ 1rr-irrr, . .„,:c.:„.„\A .ty.__„„ssi .. ._ -ki --\/ -‘\-7b\N -r- + ,�' .� trance 040°54' 04.02" N .1%03:4\29 06.24" W y , p �1 n \. 7...c.\-, ; k \. -r '1 - 25t--.... i , ++ L .\\r„... V • ♦ I r'' �.J a ° )41 �1 NOTE:} �` . �N. - -- -- --- - -,, OWNERS WITHIN 200 FEET OF `_, \,4,_ t ' MINE , \ \ "4 -k. KENNETH McENDAFFER \ 44 \k I ). s ..„,-.1-Nfiz-, -',• ,-r -\,' ---) i ' _ 704 \ , New\ ,,-N 4679 itctibi:(—* -- _ , N i rr41 2,-- 1 4747 \ I a •, - i 1 � �� 4!- •••, .d.r 4 10 rt Jitea♦ rN ti C-- i ( ) SS* k iita__,17(c.:l<WC/ I ? Declination f 4. `- _ �� ` 1 i( - IF ) n A. `65� 35 u. t - � �-\,,,M - t u • 31 I / 3A. d N `fl uIS ir \\ Irina1/4(1( "CM ‘' ‘ri\I\r\ 1 "'' .7 ....\ Nlyme._, , 4 i \ tiThrne ICU ii \04\r 0 S CO it'MN 8° 24' E fh — ------ - --- - - - --- . -Y-----• ._ ._ E1, _ . . 1-46- - - Copyright (C) 2008. MyTopo Name: BATTLE CANYON PART OF SE/4NW4, SECTION WILLITS COMPANY, INC. (CO) 25, T-11-N, R-57-W, WELD, McENDAFFER MINE Date: 06/10/10 COUNTY, COLORADO Entrance Scale: 1 inch = 2,000 ft. 40d054'4.02" 103d42'6.24' MAP EXHIBIT A-1 - LOCATION MAP . 1 WILLI TS C 0 Ad IFDA.2V 1C, INC. PRE-MIMIC MAP - EXHIBIT E- 1 McENDAFFER MINE 00 )...). I OWNERSHIP WITHIN 2O0 FEET M ENDARFF K. AND AFFECTED LANDS Kenneth V. Meindaffer 61331 N Highway 71_,7 ----C Stoneham, CO 80754 EXISTING ROIL. mm — S Si 00 I VEGETATION \ .two Altd prose Sand tgassed Sand sorsbnvsh 4s i 1 ) .. N . , v .) $ A d O n l , ' 9 ` RE . ,� FTE t i �, b 4O O D. 7 i, �. S cC3 DATE: MAY 19, 2010 — 16:00: 39 Revised 6/10/2010 ....__, 2 �O co 'It 0 100 200 400 I i I 1 momiNiat SCALE 1'=200' CONTOUR INTERVAL: 10 FEET LEGEND ---\---- ,,,,,..1........Y ' ' PERMIT UNE/AFFECTED LANDS 200 FOOT UNE � O ■ unnoo ■ ROADS . M FE MINING DIRECTION i AREA TO BE MINED :v.' 7 TOPSOIL PILES (Approodmols Iocallons) saes , INC, PART OF 5�/ 4N W1/ 4, 5C-110N 25, TOWNSHIP 7985 VANCE DR., # 205A II NOM, KANGE 57 BAST, 6Th P.M.. ARVADA, CO 80003 (303) 423-7297 WWLP COUNTY, COLOWO . • WILLITS COMPANY, INC. RECLAMATION PLAN MAP - EXHIBIT E-2 McENDAFFER MINE Jr 00 OWNERSHIP WITHIN 200 FEET K. M ENDARFF 0 ' AND AFFECTED LANDS Senneth V. Mcindaffer 61331 N Highway 71 Stoneham, CO 80754 jx Tt i► ' NOTE: • • • 1. Growth medium will be replaced on the reclamation area at an average a _ depth of ?.OiD inches. � r O. - ) ) 0 O 1�„ N to C' [ 4b. RMIT EA O irvi . 99ACR S ± wE co b b:i. 7 D O S tti 85� DATE: MAY 19, 2010 — 12: 19: 43 /:i n Revised 6/10/10 f �* 0 100 200 400 I t I l SCALE 1"=2001 CONTOUR INTERVAL: 10 FEET LEGEND PERMIT UNE/AFFECTED LANDS 200 FOOT UNE Iris — oo ■ ROADS . M FE 8. 74 AC.± REVEGETATED AREA abeoa. PREPARED BYIENVIRONMENT, INC. PM OF 5 / 4 NWI/ 4, 5eCI1ON 2 , 'TOWNSHIP 7985 VANCE DR„ # 205A II NO , I?ANL% '� E;AST, 61N P,M,, (303) 423-7297, CO 80003 NOM,Wf P COUNTY, COLD O (303) 4 Iill/r/ 1,_, ,ti'ETBALA LINE I FR9IIT :I FJ"E( 7TD L:1.VD.5' LI:A`F Nc- L iN uilio 4.1 ' ` PI 1N SITU / OO ,-1CRE' NL_INT SITE LINE y i Willits Company, Inc McEndaffer Mine Permit # M-2010-034 Adjacent owner notice receipt June 9, 2010 l_ SEN e E•: Cent•LETS THIS SECTION COMPLETE THIS SECTION ON •ELIVERY i`T'omplete items 1,Z and 3.idea83fiiplete A. Signature item 4 if Restricted Delivery is dedred �'y//' a _�i Agent • Print your name and address orttltn#verse X1 i ;*�U�^- �� `�.' so that we can return the 9,6,towti. B./RA�,lv;ed by(Prl:-•Name) C. D:. . .:Ivory • Attach this card to the back of the mailplece, C Lt/AdpN 40 or on the front If space permits, dhg �-- D. is dry address different tom earn 17 ❑Yes 1. Article Addressed to: If YES•enter delivery address below: O No IC..► SAC 6AaaAesGtz 4131i A) 44..4 7/ co8457S/ 3. Service"Type *Certified Mall ❑ Express Mall O Registered ❑ Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 0750 0002 5692 4627 (Itansfer from service Abe° PS Form 3811,February 2004 Domestic Ream AscallR 1025954248.1540 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 COLORADO Denver,Colorado 80203 DIVISION O F Phone:(303)866-3567 RECLAMATION FAX: (303)832-8106 MINING -&- SAFETY Bill Ritter,Jr. Governor June 8, 2010 James B.Marlin Executive Director Stevan L. O'Brian Loretta E.Pineda Environment, Inc. Director 7985 Vance Dr., #205A Arvada, CO 80003 RE: McEndaffer Mine; DRMS File No. M-2010-034; Preliminary Adequacy Review Dear Mr. O'Brian, The Division of Reclamation, Mining and Safety has completed its preliminary adequacy review of your 110 construction materials reclamation permit application. The application was received on May 20, 2010 and called complete for review on May 25, 2010. The decision date for this application is June 24, 2010. Please be advised that if you are unable to satisfactorily address any concerns identified in this review before the decision date, it will be your responsibility to request an extension of the review period. If there are outstanding issues that have not been adequately addressed prior to the end of the review period, and no extension has been requested, the Division will deny this application. The review consisted of comparing the application content with specific requirements of Rule 6.1, 6.2, 6.3, and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. In general the application was substantially adequate, however, as with most applications there are a few items that will require the submittal of additional information or clarification of the existing information. Inadequacies are identified under the respective exhibit heading along with suggested actions to correct them. 1. The Division received comments from the Division of Water Resources. The letter is attached for your review. Please address the comments noted in the letter, and make any changes in the application as necessary. 6.3.1 Exhibit A—Legal Description and Location Map 2. The Location Map incorrectly states the site is located in Adams County. Please submit a revised Location Map with the correct County designation. 3. The Location Map must list the names all immediately adjacent surface owners of record as required by Rule 6.3.1(3). Please submit a revised Location Map with the names of all immediately adjacent surface owners of record. Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mini 4. The section, township, and range description listed in the legal description does not match the description provided on the Location Map or on page 3 of the Application Form. Please revise the exhibits so the section, township, and range description is consistent throughout the application. 6.3.2 Exhibit B —Site Description 5. Please indicate if any improvements will be made to the existing dirt access road. 6. The Site Description states the topsoil depth is between 0 to 2 inches on average. However, the Custom Soil Report indicates the surface horizon of the Eckley-Dix-Blakeland soil unit, the primary soil type within the proposed permit boundary, has a depth of 0 to 8 inches on average. Please describe how the Applicant determined the average depth of topsoil. The Applicant will have greater success in establishing vegetation over the disturbed area if a greater amount of topsoil is reapplied. Please commit to replacing topsoil to a depth of 4 to 6 inches. 6.3.3 Exhibit C—Mining Plan 7. The Applicant has stated topsoil will be stripped ahead of mining operations. How much topsoil (in acres) will be stripped ahead of the mining operation? 8. The Applicant has stated topsoil will be stockpiled within the setback area or on the pit floor. The Mining Plan Map depicts the topsoil stockpiles within the setback area only. If the Applicant will stockpile topsoil in an area other than within the setbacks, then the Mining Plan Map will need to be revised to reflect this. Once the Reclamation Permit is approved and issued, any change to the location of the topsoil stockpiles will require Division approval through a Technical Revision. 9. The Mining Plan states the setback distance from the permit boundary will be created on the north and west sides of the pit. Please clarify if the setback distance on the north and west sides of the pit will be 15 feet. 10. The Applicant has stated the processing plant will be placed on a constructed level bench. Will the bench be reclaimed at the completion of mining? If so, please provide the dimensions of the bench for the purposes of determining the financial warranty. 11. Please specify the thickness of overburden to be removed in accordance with Rule 6.3.3(d). 12. Will the Applicant store fuel on the mine site? If so, please locate the fuel storage containers on the Mining Plan Map. The operator must indicate that there is a Spill Prevention Control and Countermeasure (SPCC) plan in place and that the SPCC plan will be implemented prior to storage of fuel or oil products. This can be done by submitting a letter to the Division, on company letterhead, affirmatively stating that the plan has been implemented. The operator does not need to submit a SPCC plan to the Division; however, it must be available for review at the facility or the nearest field office during an inspection conducted during normal business hours. In addition, if the containment structures are permanent, such as concrete containment structures, then the cost to remove the structures must be included in the reclamation estimate. 6.3.4 Exhibit D—Reclamation Plan 13. The Reclamation Plan states fertilizer applied if it is needed. Please indicate how the Applicant will determine if fertilizer is needed. Will the Applicant perform a soil analysis prior to reclamation activities? 14. In accordance with Rule 6.3.1(1)(c)(v), specify the crimping method to be used when mulch is applied. 15. Please indicate if any permanent structures will be constructed on the mine site such as office buildings, maintenance facilities, scale house or processing plant foundations. The Division requires this information to calculate the financial warranty. 6.3.5 Exhibit E—Map 16. In accordance with Rule 6.3.5(2)(c), please label outline and label the processing plant and product stockpiles on the Mining Plan Map. 17. Will there be a scale house or office buildings on the mine site? If so, please outline and label them on the Mining Plan Map. 18. In accordance with Rule 6.3.5(3), please state the average thickness of replaced topsoil and overburden on the Reclamation Plan Map. This concludes the Division's preliminary adequacy review of this application. Please remember that the decision date for this application is June 24, 2010. As previously mentioned, if you are unable to provide satisfactory responses to any inadequacies prior to this date, it will be your responsibility to request an extension of time to allow for continued review of this application. If there are still unresolved issues when the decision date arrives and no extension has been requested, the application will be denied. If you have any questions, please contact me at (303)866-3567 x8116. Sincerely, AAA, Michael A. Cunningham Environmental Protection Specialist Enclosure .c OF •.OZO DEPARTMENT OF NATURAL RESOURCES f. $`! DIVISION OF WATER RESOURCES * _ Bill Ritter,Jr. 18.76 . ' Governor • Mike King Executive Director Dick Wolfe,P.E. Director/State Engineer Response to Reclamation Permit Application Consideration DATE: June 8, 2010 TO: Michael A. Cunningham, Environmental Protection Specialist CC: Division 1 Office, District 64 Water Commissioner FROM: Sarah K. Reinsel, P.E. RECEIVED RE: McEndaffer Mine, File No. M-2010-034 JUN 08 2010 Operator: Willits Company, Inc. Division of Keciamation, Contact: Bob Willits, (307)634-2300 Mining and Safety Section 25, Twp 11 North, Rng 57 West, 6th P.M., Weld County CONDITIONS FOR APPROVAL ® The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground water must not occur during or after mining operations. ® The applicant has indicated plans to use other water for dust control purposes at the permit site. The proposed water supply for these uses is sources owned by Ken McEndaffer and made. available to the applicant. Applicant needs to document that this water was obtained from a legal source, or diverted in priority under a water right decreed for such industrial use. Applicant should contact the water commissioner for further information. O Prior to approving a well permit, the applicant must conduct a field inspection of the site and document the locations of all wells within 600 feet of the permit area. The applicant must then obtain a waiver of objection from all well owners with wells within 690 feet of the permit area or request a hearing before the State Engineer. ❑ The proposed operation may have potential impact on existing water rights near the project location. Applicant needs to demonstrate that the proposed project will not alter or impact the historic operation of existing water rights. COMMENTS: The permit application is for an open pit mine to remove sand, gravel, and borrow for specification aggregate purposes. The applicant has stated that there are no water structures on the site and that mining operations will not affect the hydrologic balance or surface or subsurface water in the area. The site is proposed to be reclaimed to its existing use of rangeland. The applicant may contact the State Engineer's Office with any questions. Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589 www.w ater.state.co.us Hello