2012-07-16_HYDROLOGY - M1977036 - Laserfiche WebLink

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Ms. Kristina Wynne Greeley 35th Ave /Iverson Combined SWSP July 16, 2012 Page 5 Iverson's are responsible for the permanent augmentation plan to cover evaporation from this pond. The Iverson's have not yet obtained such an augmentation plan in Water Court, nor have they filed such a plan in Water Court. The Iverson's plan is to develop an augmentation plan using their Greeley No. 3 Ditch shares that were historically used on the Iverson Property. Our office provided an assessment of these shares and determined that the shares can at most cover evaporative depletions from 22.1 acres at the Iverson Pit (see the attached June 8, 2011 letter). MMM has obtained a bond in the amount of $275,300 to cover final reclamation at this site. The bond "Cost Summary Work" did not include estimates for lining or backfilling the site as the reclamation plan calls for the creation of an unlined pond. Until additional permanent sources of water are obtained for the Iverson Pit, or the bond is increased to cover the lining or backfilling of the site, MMM is restricted to only opening up 22.1 acres below the ground water table at one time. The 22.1 acres are total acres opened so that if dewatering stops, only a 22.1 acre lake would result. For this SWSP to be renewed the Iverson's must have either filed in water court for a permanent augmentation plan or they must be able to show a good faith effort in developing such a plan including documentation of their progress. The Reclamation Plan filed with DRMS for the Greeley 35th Ave Pit includes leaving unlined ponds. Unlined ponds will create long term injurious stream depletions unless otherwise augmented. To bring this pit into compliance with DRMS requirements set forth in the April 30, 2010 letter, MMM has obtained a bond for $4,546,570 through DRMS which includes the cost of installing a slurry wall to prevent long term exposure of ground water should a permanent augmentation plan not be obtained. SWSP Conditions of Approval I hereby approve the proposed SWSP in accordance with § 37 -90- 137(11), C.R.S. subject to the following conditions: 1. This SWSP is approved with the effective date of June 26, 2012 and shall be valid through May 31, 2013 unless otherwise revoked or modified. If this SWSP will not be made absolute by a water court action by the SWSP expiration date, a renewal request must be submitted to this office with the statutory fee of $257 no later than April 15, 2013. 2. A well permit for Greeley 35th Ave Pit, no. 74863 -F, was issued to Lafarge for a maximum total of post -1981 exposed ground water area in the pit of 42 acres, and allows 6 acre - feet per year for dust control, 14.72 acre -feet per year for water lost in mined product, and 8.84 acre -feet per year for concrete production. A change of ownership to Marietta may was filed with our office on January 24, 2012. This permit remains valid. 3. A well permit application for Iverson Pit has been submitted to this office and is pending on approval of this plan (receipt # 3654515). 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 in accordance with the procedural rules in 2CCR402 -5. The hearing will 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 substitute supply plan may be cancelled. A 600 foot well spacing statement from the Iversons stating they do not object to the issuance of the permit was obtained by MMM and attached to the SWSP request.