2012-03-30_HYDROLOGY - M1979191 - Laserfiche WebLink

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Mr. Jared Dains Lafarge Middle Poudre Combined SWSP March 29, 2012 Page 5 replacement water will be from Fossil Creek Reservoir and, due to its location, will not be assessed a transit loss. In accordance with the letter dated April 30, 2010 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. The 4 approach requires documentation to identify what water rights or other permanent water source will be dedicated to the SWSP to assure that all permanent depletions from either an unforeseen abandonment of the site by the Applicant or as a result of long term ground water exposure after completion of mining and reclamation will be replaced so as to prevent injury to other water rights In accordance with approach no. 4, you have provided an affidavit dated November 23, 2011 that dedicates 5 Box Elder Ditch shares water as replacement water solely for this SWSP for as long as there are depletions at this 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. Also in accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained for $442,750 for the East Rigden Pit, $758,400 for the Three Bells Pit, $717,00 for the Kyger Pit, and $277,500 for the Sheilds Mine. The long -term reclamation plan for the East Rigden and Kyger Pits are lined water storage. Both Three Bells and Shields Mine will include unlined ponds as the final reclamation plan. For any unlined ponds that will remain after mining, a plan for augmentation must be filed with the water court at least 3 years prior to the completion of mining. A monthly breakdown of the stream depletions from the mining operations as well as the replacements is shown in the attached Table 6 (rev. 3/8/12). Conditions of Approval hereby approve the proposed substitute water supply plan in accordance with Section § 37 -90- 137(11), C.R.S. subject to the following conditions: 1. This plan is approved with an effective date of January 1, 2012 and shall be valid through December 31, 2012 unless otherwise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257 per pit) for each gravel pit no later than November 15, 2012. 2. A well permit is required for the current use and exposed ground water surface at each site in accordance with § 37 -90- 137(2) and (11), C.R.S. As shown on Table A, the well permits for the East Rigden Pit, Kyger Pit, and Shields Mine do not cover the current use or exposed ground water surface. These permits must be amended or a new well permit must be obtained in accordance with § 37 -90- 137(2) and (11), C.R.S. The provisions of § 37 -90- 137(2), C.R.S, prohibit 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 2 CCR 402 -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.