Laserfiche WebLink
Donald E. Frick <br />November 28, 2005 <br />Conditions of Approval <br />Page 2 <br />I hereby approve this substitute water supply plan, in accordance with Section 37-90- <br />137(11), C.R.S., subject to the following conditions: <br />1. This SWSP shall be valid for the period of January 1, 2006 through December 31, 2006, <br />unless otherwise revoked, modified, or superseded by decree. If this plan will not be <br />made absolute by a water court action by the plan's expiration date, a renewal request <br />must be submitted to this office with the statutory fee (currently $217) by October 31, <br />2006. <br />2. The losses associated with this mining operation must not exceed a total of 4.34 acre-feet <br />for the duration of this plan approval. The 4.34 acre-feet of losses is the amount of water <br />lost in 147,460 tons of mined aggregate. Should the losses associated with the mining <br />operation exceed 4.34 acre-feet or the lagged depletions exceed 11.65 acre-feet, prior to <br />the expiration date of this plan, an amendment will need to be filed with this office. <br />3. This plan proposes that there will be no water exposed at the site during this plan <br />period, therefore, no water shall be exposed. If the liner is not approved an <br />amendment must be filed with this office to address any depletions resulting from <br />evaporation or dewatering at the site. <br />4. The SWSP request specifies that if and when the liner is approved, an amendment <br />to this plan will be submitted to account for post-pumping depletions from the site. <br />Therefore, upon approval of the liner an amendment to this plan must be <br />submitted. <br />5. A copy of the leases with the St. Vrain Left Hand Water Conservancy District and <br />Consolidated Mutual Water Company must be submitted to the State Engineer's Office <br />by December 31, 2005. <br />6. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 1 Water Court at least three (3) years prior <br />to the completion of mining to include, but not be limited to, long-term evaporation losses <br />and lagged 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 />7. The Water Commissioner responsible for the administration of this plan is Mr. Robert <br />Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-0742. The applicant <br />shall maintain daily records of all diversions, replacements, and the amount of water used <br />for each particular purpose. The applicant shall provide a report of these records to the <br />division engineer and the water commissioner on a monthly basis on a form approved by <br />them. The accounting must be submitted within five (5) calendar days of the end of the <br />month for which the accounting is being made. <br />In addition, the applicant shall submit a report from each entity making replacements <br />using fully consumable efFluent; for this plan, that entity is the Consolidated Mutual <br />