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Mr. Todd Williams, P.E. Page 4 of 7 <br />April 21, 2014 <br />Creek reservoir accounting. A transit loss will be assessed for the distance from the outlet of Fossil <br />Creek Reservoir (WDID 0303774) to the Poudre River to the point where depletions from the Timnath- <br />Connell Pit impact the river. The point of depletions is estimated to be at the east quarter corner of <br />Section 3, T6N, R68W, 6th P.M., approximately 1.5 miles upstream of the New Cache la Poudre <br />Irrigating Company (aka Greeley No. 2 Ditch) headgate (WDID 0300929). <br />Any excess replacement water leased from the City of Fort Collins and any excess recharge <br />credits generated from recharge of the 2.5 BEDC shares under this SWSP will be used as a <br />replacement source under the SerFer Pit SWSP (WDID 0302534). <br />Long Term Augmentation <br />The final reclamation plan for this site includes both a lined reservoir and unlined ponds. The <br />successful completion of a lined reservoir will eliminate long term depletions that would require a <br />long term augmentation plan. After completion and approval of the reservoir liner this area must <br />continue to be covered by a valid SWSP until the lagged depletions from mining operations are no <br />Longer impacting the river. <br />Two unlined ponds will remain on the site after final reclamation, one of which will continue <br />to be used as a recharge pond. The creation of permanent unlined ponds will result in long term <br />evaporation of ground water which requires a long term augmentation plan. The Applicant is <br />required to obtain a water court augmentation plan to cover the long term depletions associated <br />with such ground water ponds. <br />In accordance with the letter dated April 30, 2010 (see attached) from the Colorado Division <br />of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with <br />the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the <br />protection of water resources. The April 30, 2010 letter from DRMS required that you provide <br />information to DRMS to demonstrate you can replace long term injurious stream depletions that <br />result from mining related exposure of ground water. In accordance with approach nos. 1 and 3 <br />identified in that letter, the applicant holds a bond through DRMS in the amount of $510,198. A site <br />inspection on August 31, 2012 by DRMS confirmed the bond is sufficient to complete the reclamation <br />plan. <br />Conditions of Approval <br />I hereby approve this substitute water supply plan, in accordance with 5 37 -90- 137(11), <br />C.R.S., subject to the following conditions: <br />1. This plan is approved with an effective date of April 1, 2014 and shall be valid through March <br />31, 2015 unless otherwise revoked or modified. If this plan will not be made absolute by a <br />water court action by the plan's expiration date, a renewal request must be submitted to this <br />office with the statutory fee (currently $257) no later than February 15, 2015. <br />2. Well permit 53419 -F was obtained for the current use and exposed pond surface area of the <br />gravel pit in accordance with 5 37 -90- 137(2) and (11), C.R.S. <br />The total surface area of the ground water exposed at the Timnath- Connell Pit (not including <br />the recharge pond) must not exceed 6.03 acres, resulting in 14.53 acre -feet per year of <br />evaporative loss. <br />4. The total amount of ground water used for dust control at the Timnath- Connell Pit shall not <br />exceed 0.8 acre -feet per year. No product shall be mined at the site during this plan period. <br />5. Total consumption at the Timnath- Connell Pit shall not exceed the aforementioned amounts <br />unless an amendment is made to this plan. <br />