2019-01-30_HYDROLOGY - M1989120 - Laserfiche WebLink

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Aggregate Industries South Platte Combined SWSP January 30, 2019 Plan IDs 3614, 4773, 3624, 4772, 4616, 3437, 3376, 3650, 3668, and 5475 Page 20 of 21 21.If dewatering of any of these sites is discontinued, the pit would fill creating additional depletions to the stream system due to increased evaporation. To assure that additional depletions to the river do not occur, a bond has been obtained through the DRMS for lining or backfilling of the lakes. Therefore, if the dewatering is discontinued these bonds can finance the completion of the lining of these pits or the backfilling, thus preventing depletions to the stream system. 22.The approval of this substitute water supply plan 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. 23.If reclamation of the mine sites will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. According to the plan, mining has ceased at the Jeronimus Pit, Platte Valley Pit, F-Street Pit, Brighton Pit, Tucson Pit, and Distel Pit. Since mining has ceased at these sites, either the lakes must be lined or backfilled, or an application for a plan of augmentation for the site must be filed with the water court. In addition all lagged depletions shall continue to be replaced under a SWSP until there is no longer an effect on stream flow or a court approved augmentation plan is approved by the water court. 24.The State Engineer may revoke this SWSP or add additional restrictions to its operation if at any time the State Engineer determines that injury to other water rights has occurred or will occur as a result of the operation of this SWSP. Should this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pits under this SWSP, must cease immediately. 25.In accordance with amendments to § 25-8-202-(7), C.R.S. and Senate Bill 89-181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall determine if this substitute supply is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met. 26.The decision of the State Engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any water court case or any other legal action that may be initiated concerning the substitute water supply plan. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. Should you have any further comments or questions, please contact Michael Hein, Lead Assistant Division Engineer, in Greeley at 970-352-8712 or Sarah Brucker of this office.