2017-08-03_REVISION - M1977522 - Laserfiche WebLink

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RE: Request for Acreage Reduction (Partial Release) of Permit Area for Star Water Resource, DRMS Permit# M-1977-522 weed control done in 2016 and 2017. We have also attached recent photographs showing the self- regenerating natural grass growth of approved grass species in vegetation areas throughout the site. L.G. Everist and our contractors have seeded all the areas to be revegetated one or multiple times as needed. L.G. Everist has also continued weed control and management throughout the site. We have eradicated, controlled, and suppressed weeds as per the requirements of the Colorado Department of Agriculture's three Noxious Weed Levels (A, B, C). A few examples include: cutting down Russian Olives, spraying and pulling Tamarisk, spraying and mowing Cheat Grass. To expand more on Cheat Grass control: L.G. Everist has spent substantial time and money to control and limit the re-growth of Cheat Grass (i.e. Downy Brome) throughout the site. In the attached photos, we have included a photo showing the north-west slope of the West Lake with a bare, non-vegetated rectangle. This is to show the Division that L.G. Everist has taken steps above and beyond the Colorado Dept. of Agriculture's (CODA) requirements for controlling Cheat Grass. The area had an abundance of Cheat Grass, so it was sprayed to kill all vegetative growth, then given some dormant time, then replanted (for at least the third time) with approved native grasses. Cheat Grass has been controlled, but not eradicated -which is not required by CODA or Weld County, and not really possible, due to its abundance in surrounding properties and road easements. Cheat Grass is on CODA's Noxious Weed List C -weed species designated by CODA to be managed locally. The Weld County Weed Management website notes: "The C list species are out there for Counties and municipalities to address if they choose to. These species are wide spread throughout the State of Colorado." In conclusion, L.G. Everist is requesting as Acreage Reduction (Partial Release) of 61.07 acres at this time because the revegetation on the majority of the site has reached the level that is required by the Division. Furthermore, L.G. Everist is in negotiations with a private entity who wants to purchase and use the Star property for its approved beneficial end use - as a water storage reservoir. The buyer would like to start developing and using the West Lake reservoir immediately, and would like to do so without a DRMS permit over their development work. Area to remain in permit (20.1 acres) The area to remain in the permit - 20.1 acres - includes the following: (a) the East Lake, including a 50- foot setback surrounding the East Lake, and the land area to the south of the East Lake, (b) the east part of the parking area in the south-middle section of the site, and (c) an access road to reach these areas. For complete boundary details, please refer to the attached Map Exhibit F - Reclamation Plan Map (As-Built), which shows the new permit area (20.1 acres remaining in permit) outlined in green. This Partial Release Request does not include the post-1981 2.2 acres of exposed ground water in the East Lake. By keeping the 2.2 acres in the permit, we will continue to fulfill the Division of Water Resources' (DWR) water replacement requirements associated with the exposure of 2.2 acres of ground water through our Substitute Water Supply Plan. L.G. Everist is working toward a permanent solution to address the water replacement requirements for the 2.2 acres of exposed ground water (which was detailed in DWR's July 13, 2017 objection letter to the now withdrawn Full Release Request). We will not ask for release of this area until the DWR's requirements are addressed. The requirements can be addressed through either an approved permanent augmentation plan to cover the 2.2 acres of exposed ground water or by backfilling the area. Should the backfill option be chosen, there is enough acreage remaining in the permit to grant access to heavy equipment to do the backfilling the of the lake L G Everist would submit a Technical Revision to the DRMS if the 2.2 acres of the East Lake are backfilled, and would reclaim all areas which may have been disturbed by said backfilling operation.