2022-10-26_HYDROLOGY - M2008082 - Laserfiche WebLink

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Ready Mix Concrete Substitute Water Supply Plan Page 8 of 9 October 26, 2022 14. In order to prevent injury to other water rights, the division engineer and water commissioner must be able to administer Applicants' replacement water past headgates on the river at times when those headgates would otherwise be legally entitled to divert all available flow in or "sweep" the South Platte River or its tributaries. Applicant shall not receive credit for replacement of depletions to the South Platte River below such diversion structures unless bypass and measurement structures are in place to allow the division engineer and water commissioner to confirm that Applicant's replacement water is delivered past the headgates. In the event that delivery past dry-up points requires the use of a structure for which a carriage or use agreement with a third party is required, Applicant shall be responsible for securing such agreement. Until such time as the Applicant provides a copy of the carriage or use agreement to the division engineer and water commissioner, no credit will be allowed for replacement of depletions to the South Platte River below such diversion structure. 15. 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. 16. 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. 17. Dewatering at stage 6C of the Morton-Holton Lakes sites will produce delayed depletions to the stream system. As long as the pits are continuously dewatered at a relatively constant rate, the water returned to the stream system should be adequate to offset the depletions attributable to the dewatering operation. Dewatering operations must be measured by totalizing flow meters that can accurately show the monthly volume of dewatered water that is pumped and returns to the stream. If dewatering at the site ceases or varies significantly, the monthly meter readings will be used to determine depletions that must be replaced. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount. Any renewal of this SWSP must account for all lagged depletions from dewatering at stage 6C. 18. 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 groundwater. The DRMS letter identifies four approaches to satisfy this requirement. In accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained for$4,150,000 for the Morton-Holton Lakes site through the DRMS 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. 19. 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). 20. 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