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Jesse Lee SWSP Pit <br />February 5, 2015 <br />Page 4 <br />8. Accounting of water in this plan, including pumping, stream depletions, and replacement water <br />deliveries must be provided to the Water Commissioner (Brian.Sutton@state.co.us) and Division <br />Engineer ( augmentation .coordinator@state.co.us) with the subject line "Pelino -Jesse lee Pit <br />SWSP" on forms and at times acceptable to them. Said accounting must be received by the 10tH <br />of the month following the month being reported. The name, mailing address, and phone <br />number of the contact person who is responsible for operation and accounting of this plan must <br />be provided on the accounting forms. Failure to provide monthly accounting and reporting may <br />result in an order from the Division Engineer and could result in fines and penalties of up to <br />$500 per day. <br />9. The Applicant is responsible for the monthly coordination of the replacement with the Upper <br />Arkansas Water Conservancy District. <br />10. The name, address and phone number of a contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms to the <br />Division Engineer and Water Commissioner. <br />11. The approval of this SWSP does not relieve the Applicant and /or the landowner of the <br />requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long -term evaporation losses and lagged depletions after gravel mining <br />operations have ceased. If reclamation of the mine site will produce a permanent water <br />surface exposing groundwater to evaporation, an application for a plan for augmentation <br />must be filed with the Division 2 Water Court at least three (3) years prior to the <br />completion of mining, to include, but not be limited to, long -term evaporation losses and <br />Lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions from mining and dewatering shall continue until there is no longer an effect on <br />stream flow. <br />12. 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 operators <br />must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules <br />and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS <br />requires that you provide information to DRMS to demonstrate you can replace long term <br />injurious stream depletions that result from mining related exposure of ground water. <br />In accordance with approach nos. 1 and 3, you have indicated that a bond has been <br />obtained for $32,000 through the Division of Reclamation, Mining, and Safety ( "DRMS ") to <br />assure that depletions from groundwater evaporation do not occur in the unforeseen event, <br />or events, that would lead to the abandonment of the Pit. <br />13. This SWSP may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of this plan. Should this SWSP expire <br />