Laserfiche WebLink
Mr. Peter Wayland <br />Gardels SWSP <br />March 9, 2015 <br />Page 2 of 6 <br />In accordance with approach nos. 1 and 3, you have indicated that a bond has been <br />obtained for $291,800 through the Division of Reclamation, Mining, and Safety ( "DRMS ") for <br />lining of the pit thus ensuring that depletions from groundwater evaporation do not occur in <br />the unforeseen event, or events, that would lead to the abandonment of the Pit. The <br />Applicant was required to provide information to this office that documents the <br />sufficiency of such a bond, and if found to be insufficient what steps they are taking with <br />DRMS to bring the site into compliance with the long term augmentation requirements. In <br />lieu of increasing the bond for this site and in accordance with approach no. 4 the <br />Applicant dedicated 1/a shares of the Big Thompson Ditch Ft Manufacturing Co. ( "BTDMC ") <br />(WDID 0104503). The 1/a share of the BTDMC is part of 5/6 shares water rights owned by <br />the Applicant that were historically used to irrigate the Brownwood property. A portion <br />of the 5/6 shares is also dedicated to cover the long term augmentation for the <br />Brownwood gravel pit (M1979 -059). <br />Renewal of this plan beyond October 2014 was contingent of the Applicant or its <br />successor in ownership filling an application for a plan for augmentation with the Division <br />1 Water Court that includes long -term evaporation losses at the Gardels Pit or <br />commenced backfilling of the site. You have stated that Coulson is planning to file for a <br />plan for augmentation by the end of 2014. Also, not being able to continue operating <br />under a substitute water supply plan until an application is filed with the water court will <br />cause undue hardship to the applicant. <br />Note, that the approval of this substitute water supply plan does not relieve the <br />Applicant and /or landowner of the requirement to obtain a Water Court decree approving <br />a permanent plan for augmentation or mitigation to ensure the permanent replacement <br />of all depletions, including long -term evaporation losses and lagged depletions after <br />gravel mining operations have ceased. To allow additional time for filing, the deadline <br />for submitting an application for a plan for augmentation is hereby extended to October <br />31, 2015 by way of this letter. Approval of this plan does not imply approval by this office <br />of any related litigation. By that date the Applicant or its successor in ownership must <br />have either filed an application with the Water Court for a court - approved augmentation <br />plan or commenced backfilling of the site or explain why an extension to the above <br />deadline is required. <br />Depletions <br />The anticipated net depletion for this plan is 21.67 acre -feet per year for up to 9.39 <br />acres of exposed ground water. The ground water is within Pond 1 and Pond 2 with surface <br />areas of 7.24 acres and 2.15 acres, respectively. Gross evaporation at this site is taken from <br />NOAA TR -33 Map 3 and is estimated to be 41 inches per year with an effective precipitation <br />amount of 10.58 inches. Computation of evaporation under this plan was also reduced during <br />the ice covered period. You have assumed the ice covered period to occur during the months of <br />January, February and December, based on the average temperatures of 27.5 °F for January, <br />30.6° F for February and 29.1 ° F for December; taken from the Fort Collins weather station. <br />However, for the purpose of this SWSP, the Applicant shall replace the net evaporation <br />