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Mr. Jared Dains <br />September 19, 2011 <br />acre -foot from the sanitary/miscellaneous well). During the April 1, 2011 through March 31, <br />2012 plan year, the site excavations will not expose any additional ground water. No mining or <br />dewatering will take place during this plan year unless an amendment to this plan is approved. <br />Stream depletion analyses for both the Active Pit area and the Unused Wash Pond <br />(attached) used the Stream Depletion Factors of 7.3 days for the Active Pit and 120 days for the <br />Unused Wash Pond, obtained from the USGS Publication 72 -192 "Stream Depletion Factors, <br />Arkansas River Valley, Southeastern Colorado ". <br />REPLACEMENTS <br />The 'source of replacement water is the Arkansas Groundwater Users Association <br />(AGUA), and the 1 -year lease agreement covering this plan year has been submitted as <br />verification to this office. The terms of the lease are 60 acre -feet of fully consumable water, <br />commencing April 1, 2011. Per the lease agreement, this volume of water will be delivered to a <br />point on the Arkansas River in Sec. 34, Twp. 20S, Rng. 63W, which is directly adjacent to the <br />Rich Pit; therefore, transit losses will not be assessed. The lease with AGUA will provide <br />sufficient replacement water for depletions at the Rich Pit over the plan year, and will be <br />delivered according to the schedule outlined in Column E of the attached Table 3. A new lease <br />agreement must be provided for any renewal of this SWSP in the coming years. <br />In accordance with the letter dated April 30, 2010 from the Colorado Division of <br />Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply <br />with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations <br />for the protection of water resources. The April 30, 2010 letter from DRMS requires that you <br />provide information to DRMS to demonstrate you can replace, or provide bonding for an <br />alternative method to mitigate, the long term injurious stream depletions that result from mining <br />related exposure of ground water. A source of renewable Tong -term replacement water <br />sufficient to cover evaporative depletions has not been secured for this plan. Lafarge West, Inc. <br />was negotiating with the City of Aurora to purchase the site and install a slurry wall liner for use <br />as water storage. However, according to your September 8, 2011 email to this office, the City of <br />Aurora's option to purchase the site has expired. Therefore, as stated in your April 28, 2011 <br />letter to DRMS, Lafarge is considering bonding this site to install a liner with a preliminary <br />estimated cost of $271,320. Lafarge anticipates that it will have up to three years to phase in <br />the additional financial warranty. <br />CONDITIONS OF APPROVAL <br />Page 2 <br />I hereby approve the proposed substitute water supply plan in accordance with §37 -90- <br />137(11), C.R.S., subject to the following conditions: <br />1. This plan shall be valid through March 31, 2012 unless otherwise revoked or modified. If <br />this plan will not be made absolute by a water court action by the plan's expiration date, <br />a renewal request must be submitted to this office with the statutory fee (currently $257) <br />by February 15, 2012. <br />2. The exposed ground water surface areas, consumption of water, and river depletions <br />due to operation of this plan may not exceed those listed in Tables 1, 2, and 3, unless an <br />amendment is approved in advance by this office. Documentation of pond size may be <br />required by the Division Engineer in the form of an aerial photo evaluation or survey by a <br />