2017-03-23_HYDROLOGY - M2008080 - Laserfiche WebLink

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Journey Ventures Pit SWSP Page 5 of 6 March 21, 2017 In addition, the Applicant shall verify that the entity making replacements has included the Applicant on their accounting and submitted their accounting to the division office and the water commissioner; for this SWSP, that entity is the City of Greeley. 10. Conveyance loss for delivery of augmentation water to the point of depletion on the South Platte River is subject to assessment and modification as determined by the division engineer. 11. The division engineer, or his designated representative, will administer all such water transported in the South Platte River or its tributaries under this SWSP, including water for replacement of depletions, past intervening headgates to ensure that such water is not intercepted or otherwise diminished in quantity by diversion, use or other interference by intervening water rights and to assure that such water remains available and suitable for Applicant’s uses under this SWSP, except when any intervening headgate is diverting the entire flow of (“sweeping”) the river. In the event that delivery past headgates which sweep the river requires the installation of a bypass structure or the use of an existing bypass structure by agreement with a third-party, Applicant is responsible for either installing a new bypass structure with a continuous recording measuring device(s) as approved by the water commissioner or securing an agreement with a third-party to use an existing bypass structure and providing such information and agreement to the division engineer. 12. The Division of Water Resources will not be responsible for any enforcement or administration of third party agreements that are not included in a decree of the water court. 13. The name, mailing address, and phone number of the contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the division engineer and water commissioner. 14. In accordance with the letter dated April 30, 2010 (copy attached) 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. In accordance with approach nos. 1 and 3, of the DRMS April 30, 2010 letter the Applicant obtained a bond for $487,550 through the DRMS for phases 1, 2, 7 and 11a of this site to assure that depletions from groundwater evaporation do not occur in the unforeseen event, or events, that would lead to the abandonment of the Pit. 15. All releases of replacement water must be sufficient to cover all out of priority depletions and be made under the direction and/or approval of the water commissioner (including the proposed aggregated replacement for winter depletions). 16. The approval of this SWSP does not relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application