HYDRO24858

• Permit No: M1979195
• IBM Index Class Name: Hydrology
• Doc Date: 8/19/2004
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Environment Inc.
• Media Type: D
• Archive: No

Stevan L. O'Brian
Page 3
August 19, 2004
9. The approval of this substitute water supply plan does not relieve the Applicant and/or the
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-tern 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 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 from mining and dewatering shall continue
until there is no longer an effect on stream flow.
10. 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
water supply plan 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.
11. This gravel pit is in the Rocky Mountain Arsenal area where ground water contamination may
be encountered. The operator of this pit should contact the Tri-County Health Department or
the EPA for more details conceming the likelihood of encountering this contamination and the
procedures and precautions needed while operating a gravel mining operation at this site.
12. 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 conceming 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.
Please contact Joanna Williams in Denver at [phone], or Scott Cuthbertson in
Greeley at [phone], if you have any questions conceming this ap val.
ncerel Q
William H. Fronc~ak, Esq., P.E.
Chief of Water Supply
cc: Scott Cuthbertson, Assistant Division Engineer
Bob Stahl, Water Commissioner District 2
Division of Minerals and Geology
Tri-County Health Department, RMA Supervisor
Department of the Army, Rocky Mountain Arsenal
U.S. EPA, Region VIII