Laserfiche WebLink
Ms. Michelle Hatcher <br />Derr SWSP <br />December 31, 2012 <br />losses and lagged depletions. If a Tined pond results after reclamation, replacement of <br />lagged depletions shall continue until there is no longer an effect on stream flow. <br />12. In accordance with the letter dated April 30, 2010 from DRMS, all sand and gravel <br />mining operators must comply with the requirements of the Colorado Reclamation Act <br />and 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. In accordance with approach no. 3, a bond <br />will be posted to construct a slurry wall around the mined phases. Prior to the exposure <br />of ground water at this site, the Applicant is required to provide proof to this office (the <br />Division of Water Resources) that the $1,282,080 bond required for Phase 2 has been <br />posted with DRMS. <br />13. This SWSP may be revoked or modified at any time should it be determined that injury to <br />other water rights has or will occur as a result of this SWSP. Should this SWSP expire <br />without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all excavation of the product from below the water table, and all other <br />use of water at the pit, must cease immediately. <br />14. In accordance with amendments to §25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules <br />and Regulations adopted on February 4, 1992, the state engineer shall determine <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />15. The decision of the State Engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any water <br />court case or any other legal action that may be initiated concerning the SWSP. This <br />decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other SWSPs or in any proposed renewal of this SWSP, and shall <br />not imply concurrence with any findings of fact or conclusions of law contained herein, or <br />with the engineering methodologies used by the Applicant. <br />If you have any questions concerning this approval, please contact Joanna Williams in <br />Denver at (303) 866 -3581 or Jonathan Hernandez in Greeley at (970) 352 -8712. <br />KGRfjmw <br />Sincerely, <br />.d/GA -$■/ <br />atherag , P.E., <br />f Water Supply <br />Attachments: Table 3 <br />City of Greeley Lease <br />Administration Protocol `Augmentation Plan Accounting, Division One — South Platte Basin" <br />Cc: Jonathan Hernandez, Water Resource Engineer, jonathan.hernanderstate.co.us <br />810 9 Avenue, Suite 200, Greeley, Colorado 80631, (970)- 352 -8712 <br />Mark Simpson, Water Commissioner, Water District, mark.simpsonstate.co.us <br />state.co.us <br />951 Wheatridge Cir., Loveland, CO 80537; (970)420 -9568 <br />Division of Reclamation Mining and Safety <br />Page 4 of 4 <br />