Laserfiche WebLink
Tom Hatton <br />December 9, 2010 <br />engineer and water commissioner. <br />Page 4 <br />11. Adequate accounting of depletions and replacements must be provided to the division engineer <br />in Greeley (Div1Accounting(ccDstate.co.us) and the water commissioner (Jason Smith at <br />Jason. Smith20-state.co.us) on a monthly basis or other interval acceptable to both of them. The <br />accounting form provided with your application is subject to modification and approval by the <br />division engineer. All amounts shall be in acre-feet. <br />12. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other vested water rights has or will occur as a result of this plan. Should this <br />substitute water supply plan expire without renewal or be revoked prior to adjudication of a <br />permanent plan for augmentation, all excavation of product from below the ground water table <br />and all other use of water at the pit must cease immediately. <br />13. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit <br />is continuously dewatered, the water returned to the stream system should be adequate to offset <br />the depletions. However, once dewatering at the site ceases the delayed depletions must be <br />addressed. At least three years prior to completion of dewatering, a plan must be submitted that <br />specifies how the post pumping dewatering depletions (including refilling of the pit) will be <br />replaced, in time, place and amount. <br />14. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado <br />Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining <br />operators must comply with the requirements of the Colorado Reclamation Act and the <br />Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 <br />letter from DRMS requires that you provide information to DRMS to demonstrate you can <br />replace long term injurious stream depletions that result from mining related exposure of <br />ground water. The DRMS letter identifies four approaches to satisfy this requirement. If <br />the information you are providing to DRMS is included under the approaches numbered 1 <br />- 3, a copy of that information needs to also be provided to this office (the Division of <br />Water Resources). <br />If the information you are providing to DRMS is pursuant to approach no. 4, you will need <br />to provide additional documentation to this office that specifies what water rights or other <br />permanent water source will be dedicated to the SWSP to assure that all permanent <br />depletions from either an unforeseen abandonment of the site by the Applicant or as a <br />result of long term ground water exposure after completion of mining and reclamation <br />will be replaced so as to prevent injury to other water rights. <br />This information must be provided to this office by April 30, 2011. If the requested <br />information is not provided to the Division of Water Resources, any future SWSP may <br />limit the mining operation so that additional ground water cannot be exposed, beyond <br />that specified in this SWSP. <br />15. The approval of this substitute water supply plan does not relieve the Applicant and/or the <br />landowner of the requirement to obtain a water court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, including <br />long-term evaporation losses and lagged depletions after gravel mining has ceased. If <br />reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water