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Nelson Mining Resource SWSP <br />February 3, 2015 <br />Page 5 of 8 <br />the 1950 and 13.34 acres and 25.35 acres in the 1992) have been irrigated with water <br />from the Last Chance Ditch and they were not sub - irrigated by a different source of <br />water. Otherwise these acres should be excluded from the HCU analysis. <br />7. The water attributable to 0.434 shares of the Last Chance Ditch must continue to be diverted <br />in priority at the ditch and reservoir then measured back to the St. Vrain Creek in the vicinity <br />of the Nelson Pit. Adequate measuring devices acceptable to the water commissioner must be <br />installed. <br />8. The Applicant is required to maintain the historical return flow obligations that are associated <br />with the use of the 0.434 shares of Last Chance Ditch water used for replacement purposes in <br />this plan. <br />9. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. <br />All replacement water must be concurrent with depletions in quantity, timing, and locations. <br />10. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (DivlAccountin @state.co.us) and the water commissioner (Shera <br />Sumerford at Shera.Sumerford@state.co.us) on a monthly basis or other interval acceptable <br />to both of them. The accounting form provided with your application is subject to <br />modification and approval by the division engineer. Submitted accounting shall conform to <br />the Administration Protocol "Augmentation Plan Accounting, Division One - South Platte <br />River" (attached). <br />In addition, the Applicant shall verify that the City of Longmont ( "Longmont ") has submitted <br />a report to the Division Engineer that includes an accounting of all replacement water <br />controlled by Longmont, showing the total volume of water under its control and the amount <br />committed to each of the recipients of the water, including the water committed to this plan. <br />11. The name, mailing address, and phone number of the contact person who will be responsible for <br />operation and accounting of this plan must be provided on the accounting forms to the division <br />engineer and water commissioner. <br />12. The approval of this substitute water supply plan does not relieve the Applicant and /or <br />landowner of the requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, including <br />long -term evaporation losses and lagged depletions after gravel mining operations have <br />ceased. If reclamation of the mine site will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed with the <br />Division 1 Water Court at least three (3) years prior to the completion of mining to include, <br />but not be limited to, long -term evaporation losses and lagged depletions. If a lined pond <br />results after reclamation, replacement of lagged depletions shall continue until there is no <br />longer an effect on stream flow. <br />13. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado <br />Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining <br />operators must comply with the requirements of the Colorado Reclamation Act and the <br />Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 <br />