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2014-10-07_HYDROLOGY - M2000082
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2014-10-07_HYDROLOGY - M2000082
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Last modified
9/6/2020 10:29:34 AM
Creation date
10/8/2014 8:26:44 AM
Metadata
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Template:
DRMS Permit Index
Permit No
M2000082
IBM Index Class Name
Hydrology
Doc Date
10/7/2014
Doc Name
SWSP
From
DWR
To
Applegate Group, Inc.
Permit Index Doc Type
Hydrology Report
Email Name
PSH
Media Type
D
Archive
No
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East 8th Street Pit SWSP Page 4 of 5 <br /> October 6, 2014 <br /> 12. The approval of this SWSP does not relieve the Applicant and/or landowner of the <br /> requirement to obtain a Water Court decree approving a permanent plan for augmentation or <br /> mitigation to ensure the permanent replacement of all depletions, including long-term <br /> evaporation losses and lagged depletions after gravel mining operations have ceased. If <br /> reclamation of the mine site will produce a permanent water surface exposing groundwater to <br /> evaporation, an application for a plan for augmentation must be filed with the Division 1 <br /> Water Court at least three (3) years prior to the completion of mining to include, but not be <br /> limited to, long-term evaporation losses and lagged depletions. If a lined pond results after <br /> reclamation, replacement of lagged depletions shall continue until there is no longer an <br /> effect on stream flow. <br /> 13. Dewatering at this site will produce delayed depletions to the stream system. As long as the <br /> pit is continuously dewatered, the water returned to the stream system should be adequate <br /> to offset the depletions attributable to the dewatering operation. The operator shall equip <br /> the dewatering operations with a totalizing flow meter and report monthly meter readings <br /> which will be used to determine the post-pumping depletions when dewatering ceases. Once <br /> dewatering at the site ceases, the delayed depletions must be addressed. Accordingly, <br /> dewatering is required to continue during the term of this approval. At least three years prior <br /> to completion of dewatering, a plan must be submitted that specifies how the post pumping <br /> dewatering depletions (including refilling of the pit) will be replaced, in time, place and <br /> amount. <br /> 14. If dewatering of the site is discontinued, the pit would fill creating additional depletions to <br /> the stream system due to increased evaporation. To assure that additional depletions to the <br /> river do not occur, a financial warranty for $270,000 for lining or backfilling of the pit has <br /> been obtained. Therefore, if the dewatering is discontinued this warranty can finance the <br /> completion of the lining of this pit or the backfilling, thus preventing depletions to the stream <br /> system. <br /> 15. This substitute water supply plan may be revoked or modified at any time should it be <br /> determined that injury to other water rights has or will occur as a result of this plan. Should <br /> this substitute water supply plan expire without renewal or be revoked prior to adjudication <br /> of a permanent plan for augmentation, all excavation of product from below the water table, <br /> and all other use of water at the pit, must cease immediately. <br /> 16. In accordance with amendments to § 25-8-202-(7), C.R.S. and "Senate Bill 89-181 Rules and <br /> Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute <br /> water supply plan is of a quality to meet requirements of use to which the senior appropriation <br /> receiving the substitute supply has normally been put. As such, water quality data or analyses <br /> may be requested at any time to determine if the requirement of use of the senior appropriator <br /> is met. <br /> 17. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br /> create any presumptions, shift the burden of proof, or serve as a defense in any water court <br /> case or any other legal action that may be initiated concerning the substitute water supply <br /> plan. This decision shall not bind the State Engineer to act in a similar manner in any other <br /> applications involving other plans or in any proposed renewal of this plan, and shall not imply <br /> concurrence with any findings of fact or conclusions of law contained herein, or with the <br /> engineering methodologies used by the Applicant. <br /> Should there be any further comments or questions, please contact Michael Hein in Greeley at <br /> 970-352-8712 or Sarah Brucker of this office. <br />
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