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GENERAL45356
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Last modified
8/24/2016 8:14:29 PM
Creation date
11/23/2007 1:43:47 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2001001
IBM Index Class Name
General Documents
Doc Date
3/11/2004
Doc Name
Complaint from M.E. Geiger
From
Caloia Houpt & Hamilton P.C.
To
DMG
Media Type
D
Archive
No
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Mr. Aryol Brumley <br />May 16, 2002 <br />Page 3 <br />evaporation from the proposed exposure of groundwater, 1.22 acre-feet of water used for <br />aggregate washing, 3.27 acre-feet of water used for dust suppression and 3.09 acre-feet <br />of water lost in 105,000 tons of aggregate mined. Should the annual depletions to the <br />Dolores River exceed 8.64 acre-feet prior to the expiration date of this plan, an <br />amendment will need to be filed with this office. <br />3. The total annual replacement for the depletions created by this proposed operation are to <br />be offset by obtaining consumptive use credits totaling up to 23.49 acre-feet from the dry- <br />up of 21.35 acres historically irrigated by the Home Ditch. Applicant shall provide the <br />Division office, water commissioner, and MVIC with a map showing the 21.35 acres to be <br />dried up. This map must be submitted within one month of the date of this letter. <br />Applicant shall enter into a contract with MVIC for storage and release of replacement <br />water for this plan. The contract with MVIC must be submitted within ten days of <br />receipt of this letter, and there may be no exposure or use of groundwater until the <br />contract is received by this office. <br />4. Approval of this plan is for the purposes as stated herein. Any additional uses for this <br />water must first be approved by this office. Any future additional historical consumptive <br />use credit given (e.g., agricultural water transfer) for this site must consider all previous <br />credits given. <br />5. All pumping for dust control shall be measured in a manner acceptable to the Division <br />Engineer. <br />6.'~ Adequate accounting of depletions and replacements (in acre-feet) must be provided to <br />the Water Commissioner and/or Division Engineer on forms and at times acceptable to <br />both of them. The accounting form(s) shall be sufficient to demonstrate that the net <br />effective replacement equaled or exceeded the total depletion on a monthly basis. All <br />replacement water must be concurrent with depletions in quantity, timing and location, <br />except that releases may be aggregated at the discretion of the Division Engineer. <br />Said accounting must be received by the 10~' of the month following the reporting <br />period. <br />7. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the Division Engineer and Water Commissioner. <br />8. 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 after gravel mining operations have <br />ceased. If reclamation'of the mine site will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed with <br />the Division 7 Water Court at least three (3) years prior to the completion of mining to <br />include, but not be limited to, long-term evaporation losses. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. <br />9. Applicant must comply with the requirements of Case No. 96CW49 to use the Home <br />Ditch replacement credits for this plan. For changes of use subject to the Upstream <br />
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