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Nelson Mining Resources SWSP <br /> November 25, 2024 <br /> Page 9 of 11 <br /> measurement structures are in place to allow the division engineer and water <br /> commissioner to confirm that Applicant's replacement water is delivered past <br /> the headgates. In the event that delivery past dry-up points requires the use of <br /> a structure for which a carriage or use agreement with a third party is <br /> required, Applicant shall be responsible for securing such agreement. Until <br /> such time as the Applicant provides a copy of the carriage or use agreement to <br /> the division engineer and water commissioner, no credit will be allowed for <br /> replacement of depletions to Saint Vrain Creek below such diversion structure. <br /> 14. The Division of Water Resources will not be responsible for any enforcement or <br /> administration of third party agreements that are not included in a decree of <br /> the water court. <br /> 15. The approval of this substitute water supply plan does not relieve the Applicant <br /> and/or landowner of the requirement to obtain a Water Court decree approving <br /> a permanent plan for augmentation or mitigation to ensure the permanent <br /> replacement of all depletions, including long-term evaporation losses and <br /> lagged depletions after gravel mining operations have ceased. If reclamation of <br /> the mine site will produce a permanent water surface exposing groundwater to <br /> evaporation, an application for a plan for augmentation must be filed with the <br /> Division 1 Water Court at least three (3) years prior to the completion of mining <br /> to include, but not be limited to, long-term evaporation losses and lagged <br /> depletions. If a lined pond results after reclamation, replacement of lagged <br /> depletions shall continue until there is no longer an effect on stream flow. <br /> 16. In accordance with the letter dated April 30, 2010 (copy attached) from the <br /> Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and <br /> gravel mining operators must comply with the requirements of the Colorado <br /> Reclamation Act and the Mineral Rules and Regulations for the protection of <br /> water resources. The April 30, 2010 letter from DRMS requires that you <br /> provide information to DRMS to demonstrate you can replace long term <br />