PERMFILE108945

• Permit No: M1990098
• IBM Index Class Name: Permit File
• Doc Date: 1/22/2004
• Doc Name: Substitute Water Supply Plan
• From: OSE
• To: Applegate Group Inc.
• Media Type: D
• Archive: No

Donald E. Frick
January 14, 2004
Page 2
statutory fee (currently $217) must be submitted to this office 45 days prior to the
expiration date of this plan.
2. Anew well permit must be obtained for the current use and exposed pond surface area of
the gravel pit. The provisions of Colorado Revised Statute 37-90-137(2) prohibits the
issuance of a permit for a well to be located within 600 feet of any existing well, unless the
State Engineer finds that circumstances so warrant after a hearing held in accordance with
the procedural rules in 2CCR402-5. This hearing may be waived if you are able fo obtain
statements from the owners of all wells within 600 feet, verifying that they have no objection
to your use of the proposed well. Should a new well permit be denied for reasons of 600
foot spacing, or any other legitimate reason, approval of this substitute supply plan will be
canceled. A well permit application was filed on December 24, 2003.
3. The total area of pond surface exposed and the total amount of water to be consumed
due to water removed in product can not exceed that amount listed on the attached
fables for each month. Should the actual values exceed the amounts in the tables, an
amendment will need to be filed with this office.
4. The water wmmissioner responsible for the administration of this plan is Mr. Bob Stahl,
9378 WCR 25, Ft. Lupton, CO 80621, phone no. [phone]. Adequate records of
diversions, replacements„and' amounts of water used for .particular uses must be
provided to the Division Ergineer and the Water Commissioner on a monthly basis or
other interval acceptable,to both of them on a form approved by them.
5. Alt 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. The:
replacement may be aggregated to maximize beneficial use. The water commissioner
andtor division engineer sflatt determine tke rate and timing of an aggregated release.
6. The replacement water, which is the subject of this plan cannot be sold or leased to any
other entity. As a condition of subsequent renewals of this substitute water supply plan,
the replacement water must be appurtenant to this site until a plan for augmentation is
obtained.
7. Approval of this plan is for the purposes as stated herein. This office must first approve
any additional uses for which the water may be used.
8. The approval of this substitute water supply plan 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 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 fimfted to, long-term evaporation fosses. If a fined pond results after
reclamation, replacement of lagged depletions shall continue until there is no longer an
effect on stream flow.
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