Laserfiche WebLink
3. On or about May 18, 2015,the Applicant submitted its Temporary Plan to the <br /> Division as Technical Revision No.4 ("711-04"). The Temporary Plan included installation <br /> of two (2) eighteen-inch (18") pipes to divert water into the reservoir. The Division <br /> approved TR-04 on June 15,2015. <br /> 4. On f my 20,2015,the Applicant fled the Permanent Plan with the Division as <br /> Technical Revision No.5 ("TR-05"). <br /> S. By letter dated July 24,2015,the Division denied TR-05. In its July 24, 2015 <br /> letter,the Division stated,among other things: <br /> Isolation lof the reservoir]from the surrounding hydrologic systems <br /> ensured compliance with Colorado water allocation laws,a <br /> requirement of Rule 3.1.6(1)(a). however,the plans proposed through <br /> TR-05 will divert surface and ground water into the previously isolated <br /> reservoir. The proposed plan substantially alters the approved <br /> reclamation plan and fails to demonstrate compliance with Rule <br /> 3.1.6(1)(a). Clearly,the changes in the permit proposed through TR-05 <br /> will have more than a minor effect on the approved reclamation plan <br /> and as such,exceeds the scope of the technical revision process. <br /> 6. On August 24, 2015, the Applicant filed a petition with the Board requesting <br /> that the Board overturn the Division's decision to deny TR-05. <br /> 7. At its regular meeting on September 23, 2016,the Board considered the <br /> Applicant's petition to overturn the Division's denial of TR-05. Following a hearing on the <br /> merits,the Board affirmed the Division's denial of TR-05 and ordered the Applicant to <br /> resubmit a Permanent Plan for Division review,as required by the April 2015 Order,as an <br /> application to amend permit number M-2004-031. <br /> 8. On December 31, 2015,the Applicant completed submittal of a Permanent <br /> Groundwater Mounding Mitigation Plan to the Division as a permit amendment("AM-01") <br /> as required by the April 2015 Order. During the required notice and comment period,the <br /> Division received timely letters of objection from Equity Funding, LLC,the City of Thornton, <br /> and Keith and ShirI Sabin. The Division also received a timely comment letter from the <br /> Colorado Division of Water Resources ("DWR"). <br /> 9. On September 1, 2016,the Applicant filed a Technical Revision("TR-01")to <br /> AM-01,to include a flood control spillway for the reservoir and a groundwater discharge <br /> pipe. During the second public comment period,to allow for comments from parties on <br /> Tit 01,the Division.received written comments from DWR and written comments in <br /> opposition to AM-01 from Equity Funding,LLC. <br /> 10. As part of its review of AM-01,the Division issued two adequacy letters to <br /> the Applicant. The Applicant addressed all adequacy issues to the Division's satisfaction. <br /> Aggregate Industries-WCR,Inc. <br /> M-2004-031 2 <br />