Laserfiche WebLink
Cheryl Signs, P.E. Page 6 <br />Heintzelman Pit August 26, 2011 <br />10. The name, mailing address, and phone number of the contact person who will be responsible for <br />. operation and accounting of this plan must be provided on the accounting forms to the division <br />engineer and water commissioner. <br />11. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is <br />continuously dewatered, the water returned to the stream system should be adequate to offset the <br />depletions attributable to the dewatering operation. If dewatering at the site ceases, the delayed <br />depletions must be addressed. At least three years prior to completion of dewatering, a plan must <br />be submitted that specifies how the post pumping dewatering depletions (including refilling of the <br />pit) will be replaced, in time, place and amount. <br />12. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division <br />of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must <br />comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and <br />Regulations for the protection of water resources. The April 30, 2010 letter from DRMS <br />requires that you provide information to DRMS to demonstrate you can replace long term <br />injurious stream depletions that result from mining related exposure of ground water. The <br />DRMS letter identifies four approaches to satisfy this requirement. <br />In accordance with approach no. 4, you have provided an affidavit dated November 1, 2010 <br />that dedicates five of the Applicant's shares of GIC water and 4 shares of the Rural Ditch <br />water and portions of the water rights decreed in case no. 2001CW274 as replacement water <br />solely for this SWSP, Durham Pit SWSP (M78 -056), Kurtz Pit SWSP (M99 -006), and Western <br />Sugar Pit (M10 -049) for as long as there are depletions at these gravel pit sites or until such <br />time as another replacement source is obtained. A copy of the affidavit is attached to this <br />letter. For the purposes of this SWSP, this affidavit will be accepted for the dedication of <br />the shares; however, if the State Engineer determines that a different affidavit or dedication <br />process is necessary to assure proper dedication of the shares, additional information may <br />be required prior to future SWSP approvals. <br />13. All releases of replacement water must be sufficient to cover all out of priority depletions and be <br />made under the direction and /orapproval of the water commissioner (including the proposed <br />aggregated replacement for winter depletions). <br />14. The approval of this SWSP does not relieve the Applicant and /or landowner of the requirement to <br />obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure <br />the permanent replacement of all depletions, including long -term evaporation losses and lagged <br />depletions after gravel mining operations have ceased. If reclamation of the mine site will produce <br />a permanent water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the <br />completion of mining to include, but not be limited to, long -term evaporation losses and lagged <br />depletions. If a lined pond results after reclamation, replacement of lagged depletions shall <br />continue until there is no longer an effect on stream flow. <br />15. This SWSP may be revoked or moclified at any time should it be determined that injury to other water <br />rights has or will occur as a result of this plan. Should this SWSP expire without renewal or be <br />revoked prior to adjudication of a permanent plan for augmentation, all excavation of the product <br />from below the water table, and all other use of water at the pit, must cease immediately. <br />