2014-03-19_HYDROLOGY - M1979097 - Laserfiche WebLink

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Mr. Jared Dains East Rigden Pit Substitute Water Supply Plan (M -79 -097) March 19, 2014 Page 5 on a monthly basis. Submitted accounting shall conform to the Administration Protocol "Augmentation Plan Accounting, Division One — South Platte River" (attached). 11. All pumping for dust control purposes shall be measured in a manner acceptable to the division engineer. Permanent records of all diversions must be maintained by the well owner (recorded at least monthly) and submitted to the division engineer on submitted accounting forms. 12. The Division Engineer, or his designated representative, will administer all such water transported in the South Platte River or its tributaries under this SWSP, including water for replacement of depletions, past intervening headgates to ensure that such water is not intercepted or otherwise diminished in quantity by diversion, use or other interference by intervening water rights and to assure that such water remains available and suitable for Applicant's uses under this SWSP, except when any intervening headgate is diverting the entire flow of ( "sweeping ") the river. In the event that delivery past headgates which sweep the river requires the installation of a bypass structure or the use of an existing bypass structure by agreement with a third -party, Applicant is responsible for either installation a new bypass structure with a continuous recording measuring device(s) as approved by the Water Commissioner or securing an agreement with a third -party to use an existing bypass structure and providing such information and agreement to the Division Engineer. 13. If reclamation of the mine site produces a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long -term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this plan does not imply approval by this office of any such court application(s). 14. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. Fort Collins is in the process of amending the mining permit with the Division of Reclamation Mining and Safety ( "DRMS ") to authorize a lined reservoir as a post - reclamation land use. To allow replacements to be made while the operator comes into compliance with DRMS requirements this SWSP will be renewed for 2014. The operator shall not expand the exposed surface area of groundwater under this SWSP until the site has been brought into compliance with DRMS requirements. Additionally, at the time this SWSP expires, if there is no progress made on the operators behalf to bring this site into compliance, the SWSP may not be renewed which would result in Cease and Desist Orders against the mine site. 15. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this plan. Should this supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all use of ground water under this plan must cease immediately.