2011-09-14_HYDROLOGY - M2010049 - Laserfiche WebLink

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Cheryl Signs, P.E. Page 6 Western Sugar Pit 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 Varra Companies, Inc. ( "VCI "). The report shall • include an accounting of all of the Rural Ditch, Last Chance Ditch, Godding Ditch, Hayseed Ditch, and junior water rights controlled by VCI, showing the total volume of water under its control and the amount committed to each of the recipients of the water. 10. The name, mailing address, and phone number of the contact person who will be responsible for operation and accounting of this SWSP must be provided on the accounting forms to the division engineer and water commissioner. 11. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions attributable to the dewatering operation. If dewatering at the site ceases, the delayed depletions must be addressed. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount. 12. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS 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. In accordance with approach no. 4, you have provided an affidavit dated November 1, 2010 that dedicates five of the Applicant's shares of GIC water and 4 shares of the Rural Ditch water and portions of the water rights decreed in' case no. 2001CW274 as replacement water solely for this SWSP, Durham Pit SWSP (M78 -056), Kurtz Pit SWSP (M99 -006), and Heintzelman Pit No. 116.(M09 -018) for as long as there are depletions at these gravel pit sites 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. 13. All 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 (including any proposed aggregated replacement for winter depletions). 14. The approval of this SWSP 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 and lagged depletions 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 limited to, long -term evaporation losses and lagged