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River Valley Resource Pit SWSP Page 6 of 8 <br />February 22, 2012 <br />12. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado <br />Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining <br />operators must comply with the requirements of the Colorado Reclamation Act and <br />the Mineral Rules and Regulations for the protection of water resources. The April <br />30, 2010 letter from DRMS requires that you provide information to DRMS to <br />demonstrate you can replace long term injurious stream depletions that result from <br />mining related exposure of ground water. <br />In accordance with approach no. 4, you have provided an affidavit dated December <br />13, 2011 that indicates that 1.38 cfs of the Suttle Ditch and 1.0 cfs of the Weiskopf <br />Ditch water are dedicated for use as sources of replacement water solely for this <br />SWSP for as long as there are depletions at this gravel pit site, or until such time as <br />another replacement source is obtained. A copy of this affidavit is attached to this <br />letter. For the purpose of this SWSP, this affidavit will be accepted for the dedication <br />of the shares; however, if the State Engineer determines that a different affidavit or <br />dedication process is necessary to assure proper dedication of the shares, <br />additional information may be required prior to future SWSP approvals. <br />13. The approval of this SWSP does not relieve the Applicant and /or landowner of the <br />requirement to obtain a Water Court decree approving a permanent plan for augmentation <br />or mitigation to ensure the permanent replacement of all depletions, including long -term <br />evaporation losses and lagged depletions after gravel mining operations have ceased. If <br />reclamation of the mine site will produce a permanent water surface exposing groundwater <br />to evaporation, an application for a plan for augmentation must be filed with the Division 6 <br />Water Court at least three (3) years prior to the completion of mining to include, but not be <br />limited to, Tong -term evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. Granting of this plan does not imply approval by this office of any <br />such court application(s). <br />14. The Applicant shall perform an inspection and provide verification for all parcels of dried up <br />land used to generate augmentation credits during the term of this SWSP. The final <br />verification of dry up will be in the form of an affidavit signed by an individual having <br />personal knowledge of the dry up for the entire irrigation season for each parcel of land <br />used in this SWSP. By October 31, 2012, the Applicant shall provide an affidavit to the <br />water commissioner and division engineer that identifies and confirms the lands that were <br />dried up during the 2012 irrigation season in order that the final determination of <br />augmentation credits for the irrigation season can be made along with mapping showing <br />any revisions to the dried -up acreage. The Applicant shall provide a written notification to <br />the water commissioner and division engineer by April 1, 2012 identifying the lands to be <br />dried up for the 2012 irrigation season and the Applicant shall provide a written notification <br />to the water commissioner and division engineer by April 1, 2013 identifying the lands to <br />be dried up for the 2013 irrigation season. <br />