Laserfiche WebLink
Andy Rodriguez <br />Bernhardt SWSP <br />January 8, 2013 <br />Page 3 <br />4. The annual amount of water used at the operation shall not exceed 3.33 acre -feet for dust control <br />and the amount used for concrete production shall not exceed 1.23 acre -feet used in the <br />production of 10,000 tons of concrete. <br />5. Total consumption at the Bernhard Pit must not exceed the aforementioned amounts unless an <br />amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. <br />7. All diversions shall be measured in a manner acceptable to the division engineer. The <br />Applicant shall install and maintain such measuring devices as required by the division engineer <br />for operation of this SWSP <br />8. All releases of replacement water must be sufficient to cover all out of priority depletions and be <br />made under the direction and /or approval of the water commissioner. The replacement may be <br />aggregated to maximize beneficial use. The water commissioner and /or division engineer shall <br />determine the rate and timing of an aggregated release. <br />9. Water shall not be impounded in the slurry wall reservoir except pursuant to lawful diversions <br />allowed by statute or decree. At all other times, all inflow of water into the reservoir from any <br />source, including precipitation and ground water inflows, shall be removed by the applicant. <br />The water may be removed from within the lined area and returned to the stream system <br />through surface flow or ground water recharge without need for replacement, so long as the <br />operator does not put the water to beneficial use. <br />10. The name, mailing address, and phone number of the contact person who will be responsible <br />for operation and accounting of this plan must be provided on the accounting forms to the <br />division engineer and water commissioner. <br />11. Adequate accounting of depletions and replacements must be provided to the division engineer <br />in Greeley (Div1Accounting a state.co.us) and the water commissioners (Jason Smith at <br />Jason. Smith2(a)-state.co.us and William Schneider at William. SchneiderCo)-state. co. us) on a <br />monthly basis. The accounting form provided with your application is subject to modification <br />and approval by the division engineer. All submitted accounting shall conform to the <br />Administration Protocol "Augmentation Plan Accounting, Division One — South Platte River" <br />(attached). <br />In addition, the applicant shall verify that the Town of Milliken ( "Milliken ") has submitted a report <br />to the Division Engineer that includes an accounting of all replacement water controlled by <br />Milliken, showing the total volume of water under its control and the amount committed to each <br />of the recipients of the water, including the water committed to this plan. <br />12. The approval of this substitute water supply plan does not relieve the Applicant and /or <br />landowner of the requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, including <br />long -term evaporation losses and lagged depletions after gravel mining operations have <br />ceased. If reclamation of the mine site will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed with the <br />Division 1 Water Court at least three (3) years prior to the completion of mining to include, but <br />not be limited to, long -term evaporation losses and lagged depletions. If a lined pond results <br />after reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. <br />13. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of <br />Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply <br />