2014-10-29_HYDROLOGY - M1982131 - Laserfiche WebLink

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Bucklen Pit SWSP Page 5 of 9 October 28, 2014 any of which could potentially sweep the river. It is the Applicants responsibility to track the daily cat[ and make arrangements as necessary to ensure this water is bypassed or otherwise delivered to the Cache la Poudre and South Platte River confluence. The District 3 Water Commissioner has confirmed there is no call in the winter for the stretch of the Cache la Poudre River between the Bucklen Pit and the confluence with the South Platte River. Therefore, as long as a diversion structure is not sweeping the South Platte River, the Aurora lease is able to provide replacement water on behalf of the Buckten Pit. Additional Sources Supplemental teases wilt be obtained in the event that the above-described sources are insufficient to replace all depletions from the Bucklen Pit. Such supplemental leases may be obtained from any authorized augmentation source contained in a gravel pit approved pursuant to 5 37-90-137(11) that is capable of making replacements at the most upstream calling right impacted by the Bucklen Pit depletions. The Applicant has requested permission to lease out any of its excess replacement credit to other gravel pit SWSPs approved pursuant to 5 37-90-137(11), C.R.S., to the extent such excess replacement credit exists. The Applicant must provide written notice to the Division Engineer and Water Commissioner at least 30 days in advance of the desired commencement of use of the excess replacement credits, which must include the specific plan in which the credits will be used, the provision in the plan that allows an unnamed source to be added for credit, the annual and monthly amount of excess replacement credit available, the location at which the water will be delivered to the stream, and a copy of a lease agreement between the Applicant and the purchaser of the excess replacement credits if the additional plan is not owned by the Applicant. The Applicant cannot claim credit for the use of the excess replacement credits in any other plan until they have received written approval from the Division Engineer or Water Commissioner. Any use of any such excess replacement credits must continue to be directly related to the mining of sand and gravel. Long Term Augmentation In accordance with the letter dated April 30, 2010 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. The DRMS letter identifies four approaches to satisfy this requirement. The 4th approach requires documentation to identify what water rights or other permanent water source will be dedicated to the SWSP to assure that all permanent depletions from either an unforeseen abandonment of the site by the Applicant or as a result of long term ground water exposure after completion of mining and reclamation will be replaced so as to prevent injury to other water rights. In accordance with approach no. 4, you have provided an affidavit dated October 4, 2010 that dedicates five of the Applicant's shares of GIC water as replacement water solely for this SWSP for as long as there are depletions at this gravel pit site or until such time as another replacement source is obtained. A copy of the affidavit is attached to this letter. For the purposes of this SWSP, this affidavit wilt be accepted for the dedication of the shares; however, if the State Engineer determines that a different affidavit or dedication process is necessary to assure proper dedication of the shares, additional information may be required prior to future SWSP approvals.