2011-05-13_HYDROLOGY - M1977439 - Laserfiche WebLink

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Mr. Jared Dains Page 6 May 11, 2011 requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The DRMS letter identifies four approaches to satisfy this requirement. The 4t" approach requires documentation to identify what water rights or other permanent water source will be dedicated to the SWSP to assure that all permanent depletions from either an unforeseen abandonment of the site by the Applicant or as a result of long term ground water exposure after completion of mining and reclamation will be replaced so as to prevent injury to other water rights In accordance with approach no. 4, you have provided an affidavit dated November 23, 2010 that dedicates 5.75 Taylor and Gill Ditch shares water as replacement water solely for this SWSP for as long as there are depletions at this gravel pit site or until such time as another replacement source is obtained. A copy of the affidavit is attached to this letter. For the purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the State Engineer determines that a different affidavit or dedication process is necessary to assure proper dedication of the shares, additional information may be required prior to future SWSP approvals. Also in accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained for $1,984,000 for the Overland Ponds Site Pit, $117,600 for the Home Office Pit, and $470,124 for the North Taft Hill Expansion Site Pit through DRMS. A monthly breakdown of the stream depletions from the mining operation as well as the replacements made by lagged timing of the historical consumptive use credit is shown in the attached Table 5. I hereby approve this substitute water supply plan, in accordance with Section 37-90- 137(11), C.R.S., subject to the following conditions: Conditions of Approval 1. This plan is approved with the effective date of November 1, 2010 and shall be valid through December 31, 2011 unless otherwise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257 for each mining site) no later than November 15, 2011. 2. A well permit must be obtained for the current use and exposed surface area of the Home Office Pit site and the Overland Ponds site in accordance with § 37-90-137(2) and (11), C.R.S. in conjunction with this plan. A well permit application for the Overland Ponds site has been submitted (receipt no. 3648916) and this application is pending evaluation. An application for the Home Office site was submitted on June 6, 2010 and this application was returned to the Applicant for 600-foot spacing issues. 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 to 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