2011-08-30_HYDROLOGY - M2009018 - Laserfiche WebLink

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Cheryl Signs, P.E. Page 5 Heintzelman Pit August 26, 2011 Conditions of Approval I hereby approve the proposed SWSP in accordance with § 37 -90- 137(11), C.R.S. subject to the following conditions: 1. This SWSP is approved with the effective date of July 1, 2011 and shall be valid through June 30, 2013 unless otherwise revoked or modified. If this plan is not decreed in water court by the SWSP expiration date, a renewal request must be submitted to this office with the statutory fee of $257 no later than May 15, 2013. 2. A well permit must be issued for the gravel pit in accordance with Section § 37 -90- 137(2) and (11), C.R.S. prior to the exposure or use of groundwater. A well permit application has been submitted to this office (receipt no. 3613599) and this application is pending evaluation. Until a gravel pit well permit is approved, consumptive use and exposure of groundwater on this site is prohibited. The provisions of § 37 -90- 137(2), C.R.S. 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 of 600 foot spacing, or any other legitimate reason, approval of this SWSP will be cancelled. 3. The total surface area of the groundwater exposed at the Heintzelman site must not exceed 105.44 acres (if dewatering ceases), which results in a maximum evaporative annual Toss of 263.28 acre -feet. 4. The annual water used for dust control at the Heintzelman Pit shall not exceed 3.36 acre -feet and the total product mined at the Heintzelman Pit site shall not exceed 800,000 tons per year, which results in 23.55 acre -feet of water lost with the mined aggregate. 5. Total consumption at the Heintzelman Pit must not exceed these aforementioned amounts unless an amendment is made to this SWSP. 6. Approval of this SWSP is for the purposes as stated herein. This office must first approve any additional uses for the water. Any future additional historical consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 7. All pumping for dust control shall be measured in a manner acceptable to the division engineer. 8. The replacement water that is the subject of this SWSP cannot be sold or leased to any other entity. As a condition of subsequent renewals of this SWSP, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. All replacement water must be concurrent with depletions in quantity, timing, and locations. 9. Adequate accounting of depletions and replacements must be provided to the division engineer in Greeley (Div1Accountinq(state.co.us) and the water commissioner (Shera Sumerford at Shera.SumerfordAstate.co.us) on a monthly basis or other interval acceptable to both of them. The accounting form provided with your application is subject to modification and approval by the division engineer. All amounts shall be in acre -feet. In addition, the Applicant shall verify that the entity making replacements has included the Applicant on their accounting and submitted their accounting to the division office and the water commissioner; for this SWSP, that entity is the Varra Companies, Inc. ( "VCI "). The report shall include an accounting of all of the Rural Ditch water and junior water right water controlled by VCI, showing the total volume of water under its control and the amount committed to each of the recipients of the water.