2012-07-31_REVISION - M1999120 (3)

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DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES AM John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director /State Engineer Response to Reclamation Permit Amendment Application Consideration DATE: July 31, 2012 TO: Eric C. Scott, Environmental Protection Specialist CC: Division 1 Office, District 2 Water Commissioner FROM: Sarah Brucker, P.E. 0 / RE: Ft. Lupton Sand and Gravel Mine, File No. M- 'f'999 -120 Operator: L.G. Everist, Incorporated, (303) 287 -4656 Sec. 19, 30 & 31, Twp. 2 North, Rng. 66 West and Sec. 25 & 36, West, 6th P.M., Weld County 3 12012 Twp. 2 North, Rng. 67 COMMENTS: The applicant has requested to add 752.71 acres to the existing 256.0 permitted acres, for a total of 1,008.71 permitted acres. This amendment will combine the Fort Lupton Sand and Gravel Mine with the Lupton Meadows Reservoir (M- 2002 -104) and add eight (8) additional parcels. The mining method, final reclamation plan, and reclamation methods will not change as a result of this amendment. The only change will be in the direction of mining. With the exception of Deep Land and the Sandstead Parcel, all of the mined areas are proposed to be developed into a series of 21 lined reservoirs ranging in size from approximately 10.26 acres to 57.11 acres. The Sandstead Parcel will be dewatered and mined to create settling ponds that will be used during mining and gradually backfilled over the life of the mine. The final use of the Sandstead Parcel is proposed to be either agriculture or developed wetlands. Please note that the creation of wetlands causes depletions to the stream system through evaporation from the water surface and the consumptive use of water by plant life. The South Platte River system is an over - appropriated stream system. Therefore, to prevent injury to vested water rights, wetlands mitigation must be limited to a 1:1 ratio. If the mitigation exceeds this ratio, the stream system must be compensated for these depletions in time, place and amount through a court approved augmentation plan or a State Engineer approved substitute supply plan. The Fort Lupton Pit (M- 1999 -120) and the Lupton Meadows Pit (M- 2002 -104) are both included in the L.G. Everist Combined Substitute Water Supply Plan, which covers depletions caused by gravel mining operations at the sites through December 31, 2013. As noted in the SWSP approval dated February 3, 2012, a new gravel pit well permit was required to be obtained for the current use and exposed surface area at the Lupton Meadows site in accordance with §37 -90- 137(2) and (11), C.R.S. Well permit no. 75967 -F was issued for the Lupton Meadows Pit on April 24, 2012. So long as the amended Ft. Lupton Sand and Gravel Mine (including the Lupton Meadows Pit) is operated in accordance with an approved SWSP or approved plan for augmentation, this office has no objection to the request. Office of the State Engineer Tr : os 1--- 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 www.water.state.co.us