HomeMy WebLinkAbout20111187 Water Supply Information
• This remains unchanged from what was approved in 1996 and
covered by Development Standard #12 . We also have a water
tap from Central Weld County Water District to supply pota-
ble water if necessary. This water tap is near the Office
trailer/Scale house . The applicant ' s existing water rights
in the area will be used to supply water for dust control,
evaporation and product washing and losses . Proof that a
water supply will be available in terms of quantity, qual-
ity, and dependability is provided by the attached docu-
ments .
Attached is a copy of the Temporary Substitute Supply Plan
approval issued by the Colorado State Engineers office
showing the plan to supply replacement water for this mine.
This plan will be revised and submitted to the state of
approval as the mine expands . Long term no water will be
needed for evaporation from the reservoir areas .
•
•
2011-1187
WATER TAP ASSIGNMENT
FOR VALUE)2ECEIVED, Uwe hereby sell, transfer and assign to L &. .\er et, InC,
• an a)u)cu c_erpox-4.l-;or, 1 water tap(s) in the
CENTRAL WELD COUNTY WATER DISTRICT, on my/our property described as follows
situate in Weld County, Colorado, to wit:
see a-N'otc.6w,d le3a-4 daserTi-�'tnt
IT IS UNDERSTOOD that these taps were purchased for the above described land and may not
be transferred to other land, without express,written consent,in addition to the below consent,
of the CENTRAL WELD COUNTY WATER DISTRICT. I/we further authorize the Secretary
of said District to do any and all things necessary to effectuate this transfer on the books and
records of said District. Uwe hereby state that all water rates and charges and other monies
owed to the District have been paid and if not, shall be held out at the closing of the sale of
my/our premises.
IN TESTIMONY WHEREOF, I/we have set-my/our signature this a5 day of
pr;1 ,TAa00%.
*a S ER:Con Henley, President
Ready Mixed Cone a Company, Inc.
**SELLER:
I/WE FURTHER AGREE to pay any and all charges hereinafter levied by said District for said
taps and to abide by all regulations adopted by said District.
ACCEPTED:
• p.,.-Ce6
** BUYER:Dennie Fields, Vice Presidentftn Div.
L.G. Everist, Inc.
** BUYER:
CONSENT TO ASSIGNMENT
I, John W. Zadel, Genera] Manager of the CENTRAL WELD COUNTY WATER
DISTRICT, Hereby consent to the above assignment on behalf of said District.
BY:
DATE:
** TO PERSON EXECUTING THIS ASSIGNMENT - NAMES AS THEY APPEAR ON
TITLE MUST BE TYPED AT THE APPROPRIATE SPACES, FAILURE TO DO SO WILL
NEGATE THIS TRANSFER. TWO ORIGINAL TAP ASSIGNMENTS MUST BE
COMPLETED AND SENT TO CENTRAL WELD COUNTY WATER DISTRICT FOR
DISTRICT CONSENT.
•
•
• ASSIGNMENT
0918
FOR VALUE RECEIVED, I/we hereby sell, transfer and assign to Owens
Bros. Concrete Company , one - 5/8" water taps in the
CENTRAL WELD COUNTY WATER DISTRICT, on my/our property described as follows
situate in Weld County, Colorado, to wit:
•
"i
I'' I . , ! FY Se4 32, T3N, `tdi Vdd of the 6th P.H., Weld County, Colorado. Line
1 •::I. .4",,s; of Rod of.:UPRMi Co,; & except that portion lying N of center of public
i : !••highway, more particularly described by instrument recorded in Bk 296
• _ , : I Pg; 556 Weld County, cords. 108.6 acres
• l. 1It js.understood that'the$eitap, were purchased for the above- described lands
' ' and'ntdy2notbe transferred to:other lands, without express, written consent,
I :in addltlon:t6 the below consent, of the CENTRAL WELD COUNTY WATER DISTRICT.
I t I
i ,: I/we further authorize the Secretary of said District to do any and all things
'necessary to effectuate,this transfer on the books and records of said District.
' ..•Ilwe-herebyfstate that d1)' water rates and charges and other monies owed to
I : it •
the:Djstrict"have. beeh' paid and if not, shall be held out at the closing of
• I ; • I i I , . . •
j`. I.• the,sale of':rny premises-. ; I I , I
i i I ' ; H I ' ' : : : i , .. .; .
. '' IN;TESTIMINY WNEREOF, I/re: have sct -ml/our signatures' this ,/• J' day:yf
, • ...mitt . . ....!. 1..; - f. —I • .y•:. .,� , i• I ...ti. F I..., - I .
1 is i • , , iz•
ill t ! I I i i j I , i , . I E !
L.. _ Se le n; N: vo k-"'� 1: 1-9-
L I!�
I orr{
,
11 ip ' n
i i ' •: I/we. further agree to ;pay lany 1add :at) ;charges;hereinaft.hr; levaed,b}isait I:.;
'?
`"r ; .''r IDisLrjct for aaid taps anditO abide a l iregulations!ado teat b a :d ulltract:
i
• ,I P : i ,' I' I ._L.. -' , -..i._.. ..t..�..,...L.;..... :I'
. . P ! ;
I : � CC EDc � i ,.
. ..7. s ! . .1 f I � .i J. 1 ' 1 '
:i I -! i . I I` I " . i I 1 i:�i Buyer : Dwezi•a Bros.i?Cdncr4td Co. 6: I," i
. I J 1I ,•• ! I ,L.I yi ! ^i; , 1 CI
F . _, i..i_. , • , I i I I I I. @uyeK 1/41: Owned, taular5dizze�d ag et .n
, ,1 ' t I'I1 t •
•; t S �,, i I i I � � : ' 'j I ,, , � ) t sa �...II � ..,. ' �.' �•
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. /4,OF. CCCe" DEPARTMENT OF NATURAL RESOURCES
• *` a ` , t DIVISION OF WATER RESOURCES
** * 451
, April 19, 2010 BIB Ritter,Jr.
1.8_76 ,, Governor
James B.Martin
Executive Director
Dick Wolfe,P.E.
Mr. Rick Parsons, P.E. Director/State Engineer
Parsons Water Consulting, LLC
4729 W 32nd Avenue
Denver, Co 80212
Re: L.G. Everist Combined Replacement Plan
Water Division 1, Water Districts 2 and 5
Approval Period: January 1, 2010 through December 31, 2011
Contact Phone Number for Mr. Rick Parsons: 303-667-5067
Dear Mr. Parsons:
This letter is in response to your letter dated December 16, 2009, requesting renewal of the above
referenced substitute water supply plans to cover depletions caused by gravel mining operations at multiple
mine sites operated by L.G. Everist ("Applicant") along the South Platte River mainstem and St. Vrain
Creek. This plan proposes to replace depletions resulting from current and past mining at the five sites as
• specified in Table 1 below:
TABLE 1
Previous Current Well New Exposed
Site Name Stream Reach 0RMS# SWSP Permit No.or Permit Surface
Approval Receipt No. Required (acres)
Lohmann Pit Saint Vrain Creek M2001-017 06/09/2009 None Yes 4.30
Rinn Valley Pit
(previously Saint Vrain Creek M1997-093 09/03/2009 65813-F No 6.27
Camenisch Pit)
Firestone Pit
(previously Del Saint Vrain Creek M1996-052 05/14/2008 None Yes 7.54
Camino Pit)
Fort Lupton Pit South Platte River M1999-120 01/21/2009 65814-F No 4.43
Lupton Meadows
Pit(previously RJ South Platte River M2002-104 11/03/2009 i 3641660 Yes 5.97
Campbell Pit) f
The mining site locations are specified in Table 2 below:
TABLE 2
Site Name Location WDlD
Lohmann Pit _ Sections 6, T2N, R67W 0503003
• Rinn Valley Pit Sections 10, T2N, R68W_ 0503004
Firestone Pit Section 32, T3N, R67W
Office of the State Engineer
1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589
• www.water.state.co.us
Mr. Rick Parsons, P.E. April 19, 2010
L.G. Everist Combined Replacement Plan Page 2 of 9
• Fort Lupton Pit Section 30,T2N, R66W L 0203040
Lupton Meadows Pit Section 30, T2N, R66W 0203047
The required fee of$1285 (5 x $257) has been submitted.
L. G. Everist anticipates to actively mine four sites in 2010 and 2011: Lohmann Pit, Rinn Valley Pit,
Fort Lupton Pit and Lupton Meadows Pit. Depletions resulting from evaporation and mining operations at
these sites are replaced under this plan. Water use at these sites during the period of this plan will include
dewatering, evaporation from exposed groundwater, aggregate production, dust control and concrete
batching.
L. G. Everist does not anticipate actively mining the Firestone Pit during the period of the SWSP.
The exposed surface area at the Firestone Pit consists of 7.54 acres. Depletions resulting from evaporation
will be replaced under this SWSP. According to the information in our previous SWSP approval for this pit
the mining ceased in March of 2005, therefore the Applicant was required to file for a permanent plan for
augmentation with the water court. The dead line for filing for a plan for augmentation was February 28,
2009. You indicated that this pit was purchased by L.G. Everist and the pit is still in temporary cessation
("TC") with the Division of Reclamation Mining and Safety ("DRMS"). L.G. Everist applied for an
amendment in January 2010 and will be taking it out of TC and operating with additional lands to mine
once the amendment has been approved. Based on the Applicant's intention to continue mining this site
there will be no requirement for filing for a permanent plan for augmentation at this time provided the
amendment for the Firestone Pit is approved by the DRMS.
Mining depletions from Lohmann Pit, Rinn Valley Pit and Firestone Pit are estimated to affect the
• Saint Vrain Creek below the Last Chance Ditch headgate. Reclamation at one of the two open cells at the
Rinn Valley Pit is anticipated to begin in the summer of 2011. Mining production at this pit is not expected
to change during this SWSP period, however the dewatering of this pit is expected to decrease once
reclamation is started.
Mining depletions from the Fort Lupton Pit and the Lupton Meadows Pit are estimated to affect
the South Platte River above the Meadow Island Ditch No. 1 headgate. Reclamation of the Fort Lupton
Pit is expected to start in the summer of 2011. Production will cease at the site but the dewatering is
expected to continue throughout this SWSP period. The Lupton Meadows Pit is lined but the slurry wall
leaks, which requires dewatering to keep the pit dry and allow access to fix the slurry wall. Mining
operations will start at the Lupton Meadow Pit once mining operations cease at the Fort Lupton site.
Also, mining operations at the Lupton Meadows Pit are expected to occur before the slurry wall is fixed,
which is anticipated to be in the summer of 2011. Once the slurry wall is fixed the amount of dewatering
is expected to decrease.
The proposed replacement sources for these pits are: Rural Ditch Company shares, Lupton
Bottom Ditch shares during the summer months. During the winter months the depletions will be
replaced by releases from stored water in the Varra Companies 112 Pit and if needed nontributary
Laramie-Fox Hills water withdrawn from well nos. 66271-F, 66273-F and 66274-F.
The final reclamation plan for each site, the bond amount and the water commitment to replace
depletions in the event that the operator ceases dewatering and walks away from the site are shown in
Table 3 below.
•
Mr. Rick Parsons, P.E. April 19, 2010
. L.G. Everist Combined Replacement Plan Page 3 of 9
• TABLE 3
Proposed Final Ditch Rights
Site Name DMG# Reclamation , Bond Amount Committed/Comments
Lohmann Pit M2001-017 Water storage $1,025,000 none
reservoirs
Rinn Valley Pit M1997-093 Ground water pond $114,700 Shares of Rural Ditch water
Firestone Pit M1996-052 Rangeland $49,450' none
Fort Lupton Pit M1999-120 Water storage $997,872 none
reservoirs
Lupton Meadows M2002-104 Water storage $289,000 none
Pit reservoirs
'The DRMS permit for the Firestone Pit is in a process of being amended to add more acres to the permitted area
thus the bond will increase
Depletions
The depletions resulting from. evaporation, water lost in product, dust control and concrete
production are shown in Table 3 below:
TABLE 4— DEPLETIONS
Evaporation Product Moisture Loss Dust Control Concrete Total Depletions Total Net
cite Name Loss Production(ac- Depletions"'
• (ac-ft) lac ft) (ac-ft) ft) (a°-ft) (ac-ft)
2010 2011 2010 2011 2010 2011 2010 2011 2010 2011 2010 2011
6.3 7.6
Lohmann
Pit 10.0 10.0 (250,000 (300,000 1.0 1.0 0.0 0.0 17.3 18.5 -19.12 -18.29
tons) tons)
15.2 15.8
Rinn Valley
Pit 14.5 14.5 (600,000 (625,000 1.0 1.0 12.3* 13.0" 43.0 44.3 -4.00 -49.95
tons) tons)
Firestone 17.3 17.3 0.00 0.0 0.0 0:0 0.0 0.0 17.3 17.3 -17.3 -17.3
Pit
Fort Lupton 10.6
Pit 12.5 12.5 (416,900 0.0 0.4 0.0 0.0 0.0 23.5 12.5 -21.33 -13.59
tons)
Lupton 17.3 28.5
Meadows 16.8 16.8 (683,100 (1,125,000 0.6 1.0 0.0 0.0 34.7 46.3 29 -95.69
Pit _ tons) tons)
Total 71.1 71.1 49.4 51.9 3.0 3.0 12.3 13.0 135.8 138.1( 19741 194.82
'Based on 80,000 tons of concrete production and 50 gallons of water per ton of concrete ,.. ,
"Based on 85,000 tons of concrete production and 50 gallons of water per ton of concrete >%tl
***The total net depletions at Lohmann Pit, Rinn Valley Pit, Fort Lupton Pit and Lupton Meadows Pit include accretions credits
or depletions from dewatering. The total net depletions for 2010 and 2011 for all pits were taken from Tables 8 and 11
The net evaporation for the Firestone Pit includes a credit of 0.60 acre-feet of consumptive use
• of ground water associated with the partial subirrigation of the historically irrigated acreage. Computation
Mr. Rick Parsons, P.E. April 19, 2010
. L.G. Everist Combined Replacement Plan Page 4 of 9
• of evaporation under this plan was reduced during the ice covered periods. You have assumed the ice
covered period to occur during the months of December, January and February, based on average
monthly temperatures less than 32°F taken from the Longmont 2ESE weather station for the Saint Vrain
Creek Pits and Fort Lupton 2SE station for the South Platte Pits. However, for the purpose of this
SWSP, the Applicant shall replace the net evaporation depletions from the exposed ground water -1
surface area that may occur during the assumed ice covered period (the months of January, February
and December)for any time that the pit is not completely covered by ice.
Computation of the net evaporation during any time that the pit is not completely covered by ice 0)
shall be determined as the pro-rata amount of the monthly gross evaporation rate distribution amount
identified in the State Engineer's General Guidelines for Substitute Supply Plans for Sand and Gravel
Pits, subtracting the pro-rata amount of the effective precipitation for that period.
The material excavated from the gravel pits is estimated to be approximately 72 percent below
the water table and approximately 28 percent above the water table. According to the new 'General
Guidelines for Substitute water Supply Plans for Sand and Grave/Pits"the product moisture loss is
calculated as four percent by weight of mine material excavated below the ground water table and two
percent by weight for the mined material excavated above water table.
Water used for dust control at Lohmann Pit and Rinn Valley Pit will come from water originally
pumped from the pits for dewatering. Water used for dust control at the Fort Lupton Pit and the Lupton
Meadows Pit will come from an existing alluvial well, permit no. 57957-F (WDID 0205018 DI TIRRO
WELL 2), located outside of the approved slurry wall on the Fort Lupton Pit site. Well permit no. 57957-F
is permitted to provide water for concrete batching and dust suppression. The depletions resulting from
• pumping the well, for those uses, will be replaced under this plan.
Depletions from each site were lagged to the stream system using the Glover method. The
aquifer parameters associated with each pit are summarized in the attached Table 4.1.
Replacements
Saint Vrain Creek
L. G. Everist owns 7.4 shares of the Rural Ditch Company. Of the 7.4 shares of the Rural Ditch
water, 2 shares will be dedicated to this plan in 2010 and 1 shares will be dedicate for this plan for 2011.
The 7.4 shares of the Rural Ditch were historically used to irrigate 215 acres of pasture grass, corn and
alfalfa. The land historically irrigated by the 7.4 shares is the same land that is currently being mined at
the Rinn Valley Pit. Assuming a 10% ditch loss and a 55% irrigation efficiency, the dry-year
consumptive use of the 7.4 shares was determined to be 337 acre-feet. The prorated consumptive use
for the 2 shares is 91.0 acre-feet and for the one share is 45.5 acre-feet. The historical return flow
obligation of the two and one Rural Ditch shares will be maintained by the plan. The Rural Ditch shares (I)
are delivered to Saint Vrain Creek through an augmentation station near the end of the ditch. The
delivery location is below the Last Chance Ditch headgate and above downstream calling water rights
located on the South Platte River.
L.G. Everist has entered into a lease agreement with Varra Companies, Inc ("VCI") for releases
of stored water in the VCI 112 Pit Reservoir, located in the NW1/4 of the SE1/4 of Section 2, Township 2
North, Range 65 West of the 6"' P.M. Consumptive use credits of VCI Rural Ditch shares that are not
• used to replace depletions during the irrigation season for other gravel pit SWSPs will be stored in the
112 Reservoir and subsequently released to replace non-irrigation season depletions. A decree for a
Mr. Rick Parsons, P.E. April 19, 2010
L.G. Everist Combined Replacement Plan Page 5 of 9
storage water right in the 112-lined pond was approved by the Division 1 Water Court in Case No.
2001CW274. An application for a change of water right (to allow the VCI's Rural Ditch shares to be used
in addition to irrigation for augmentation, replacement, exchange, commercial, industrial, recreational,
piscatorial, wildlife propagation and storage) and approval of a plan for augmentation was filed with the
Water Court in Case No. 2003CW306. A copy of the VCI lease was provided to this office on January
25, 2010 and is attached to this letter. The VCI's Rural Ditch shares are also being used for replacement
of depletions at the VCI's Durham Pit (M78-056).
South Platte River
L. G. Everist owns 2.25 shares of the Lupton Bottom Ditch. Of the 2.25 shares of the Lupton
Bottom Ditch water, 1 share will be dedicated to this plan in 2010 and 2011. The 2.25 shares were
historically used to irrigate 95 acres of corn and small vegetables. The land historically irrigated by the
2.25 shares is the same land that is currently being mined at the Ft. Lupton mine. Assuming a 10%
ditch loss and a 55% irrigation efficiency, the dry-year consumptive use of the 2.25 shares was
determined to be(1cre-feet. The prorated consumptive use and return flows for the 1 share is
shown in attached able 11. The Lupton Bottom shares will be delivered back to the South Platte River
at either the augur tation station located just north of WCR 14.5 or the East Lateral Ditch into Little Dry
Creek.
i 54
The VCI lease will also be used to replace winter depletions at the South Platte River Pits. The
lease accounts for the transit losses to the South Platte River of approximately 2.75 percent based on
about 11 river miles from the 112 Pit releases to the Saint Vrain River down to the confluence with the
•South Platte River times 0.25 percent winter transit loss per mile.
The nontributary Laramie-Fox Hills aquifer water will be withdrawn by existing wells pursuant to
permit nos. 66271-F, 66273-F and 66274-F. The wells are currently permitted for industrial, commercial
and augmentation use and are allowed a combined average annual withdrawal of 73.1 acre-feet and a
pumping rate of 150 gpm. The wells are further described in the Table below. The Applicant's accounting
includes the 2% relinquishment requirement for the nontributary Laramie-Fox Hills water.
Well Field WDID 0204101 0204101 0204101
Well Field Name EVERIST LFH WL FLD EVERIST LFH WL FLD EVERIST LFH WL FLD
Relevant Water Right N/A N/A N/A
Case Number
Well WIND 0210211 0210212 0210213
Well Name EVERIST LFH WELL EVERIST LFH WELL EVERIST LFH WELL
66271-F 66273-F 66274-F
Relevant Well Permit 66271-F 66273-F 66274-F
Well Location SW, NE SEC 30,2N, NW, NW SEC 24, 1S NW, NW SEC 30, 2N,
66W 65W 66W
Aquifer LAR/FOX HILLS LAR/FOX HILLS LAR/FOX HILLS
Allowable AF Amount 73.1 ACRE FEET COMBINED
You stated that Laramie-Fox Hills wells will only be needed in case of a Milton Reservoir call
during the winter. A monthly breakdown of the stream depletions from the mining operations as well as
the replacements are shown in the attached Tables 8 and 11.
•
Mr. Rick Parsons, P.E. April 19, 2010
L.G. Everist Combined Replacement Plan Page 6 of 9
•
Conditions of Approval
I 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, 2010 and shall be valid through December
31, 2011 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/pit) for each gravel pit no later than November 15, 2011.
2. The total area of pond surface exposed for each of the pits shall not exceed those values listed in
Table 1 of this approval. Should the total surface area exposed exceed those amounts, an
amendment request shall be promptly filed with this office.
3. The total amount of ground water to be appropriated from each of the pits shall not exceed the
values listed in Table 4 of this approval.
4. Approval of this plan is for the purposes as stated herein. Any additional uses of water must first
be approved by this office. Any future additional historical consumptive use credit given (e.g.,
agricultural water transfer) for this site must consider all previous credits given.
5. All pumping for dust control shall be measured in a manner acceptable to the division engineer.
• 6. The replacement water, which is the subject of this plan, cannot be sold or leased to any other
entity. As a condition of subsequent renewals of this substitute water supply plan, the
replacement water must be appurtenant to this site until a plan for augmentation is obtained. All
replacement water must be concurrent with depletions in quantity, timing, and location.
7. According to an affidavit dated March 23, 2010, the Applicant dedicated 2 shares of Rural Ditch
and 1 Lupton Bottom Ditch share for 2010 and 1 share or Rural Ditch and 1 Lupton Bottom Ditch
share for 2011 as replacement water solely to this plan for the 2010 and 2011 irrigation season.
The Affidavit is accepted for this SWSP, however for any_subsequent renewal requests, the--
Applicant Applicant shall submit a new affidavit that dedicates the 3.shares of the Rural Ditch and 1 shareW
the Lupton Bottom Ditch for as long as there are depletions at these gravel pit sites or until such,
time as another replacement source is obtained.
8. The name, address, and phone number of the contact person who will be responsible for the (3')
operation and accounting of this plan must be provided on the accounting forms submitted to the
division engineer and the water commissioner.
9. All diversions shall be measured in a manner acceptable to the Division Engineer. The Applicant
shall install and maintain such measuring devices as required by the Division Engineer for
operation of this SWSP. In addition, the applicant shall maintain daily records of all diversions,
replacements, and the amount of water used for each particular purpose. The applicant shall
provide a report of these records to the division engineer and the water commissioner on a
monthly basis on a form approved by them. The accounting must be submitted to the division
engineer in Greeley (DivlAccountinq(o?state.co.us) and the water commissioners (Scott Edgar at
• Scott.Edoar(u�state.co.us and Shera Sumerford at Shera.Sumerfordstate.co.us) within 30
calendat days of the end of the month for whir the accounting is being made. All amounts shall
DASTOACX
Ce,, 1 Est ,e,
Mr. Rick Parsons, P.E. April 19, 2010
L.G. Everist Combined Replacement Plan Page 7 of 9
• be in acre-feet.
In addition, the Applicant shall submit a report from the entity making replacements; for this plan,
that entity is the Varra Companies, Inc. ("VCI"). The report shall include an accounting of all of the l4.
Rural Ditch water controlled by VCI, showing the total volume of water under its control and the
amount committed to each of the recipients of the water.
10. The Applicant shall perform an inspection and provide verification for all parcels of dried up land
used to generate augmentation credits during the term of this SWSP. The final verification of dry
up will be in the form of an affidavit signed by an individual having personal knowledge of the dry
up for the entire irrigation season for each parcel of land used in this SWSP. In accordance with
the attached protocol for dry-up of irrigated land, the Applicant shall provide a written notification
to the water commissioner and division engineer by May 1, 2010 and April 1, 2011 identifying the
lands to be dried up for the 2010 and 2011 irrigation season. By October 31, 2010 and October
31, 2011 the Applicant shall provide an affidavit to the water commissioner and division engineer
that identifies and confirms the lands that were dried up during the 2010 and 2011 irrigation
season in order that the final determination of augmentation credits for the irrigation season can
be made along with mapping showing any revisions to the dried-up acreage. The Applicant shall
modify accounting to reflect that the credit from any dried up fields containing alfalfa or native
grass was assessed in the following manner: t t
(a) For fields deep tilled or chemically treated to successfully kill alfalfa or native grass, 100%
credit will be given for consumptive use as otherwise computed under the conditions of this!
approval.
• (b) For fields not deep tilled or chemically treated to successfully kill alfalfa, records of monthly
monitoring of depth to groundwater at existing irrigation wells or existing or new monitoring
wells or piezometers within 1A-mile of each alfalfa or native grass field must be maintained.
Credits will be reduced according to the following table when depth to groundwater is less
than the depth assumed to provide no significant contribution to alfalfa growth.
Measurements taken at the start of each month will determine the necessary reduction in
credit to be applied during the following month. The applicant may use another
methodology upon review and approval by the State Engineer and Division Engineer.
Depth to Ground Percent Reduction in CU Credit'
Water (Feet)
Native Grass Alfalfa
1 85% 100%
2 50% 90%
3 30% 75%
4 20% 50%
5 15% 35%
6 10% 20%
7 5% 15%
8 0% 10%
1. Adapted from EVAPOTRANSPIRATION AND AGRONOMIC RESPONSES IN FORMERLY IRRIGATED
MOUNTAIN MEADOWS, South Park, Colorado,March 1, 1990;Revised September 1, 1991 /
•
Mr. Rick Parsons, P.E. April 19, 2010
L.G. Everist Combined Replacement Plan Page 8 of 9
• 11.This substitute water supply plan may be revoked or modified at any time should it be determined
that injury to other vested water rights has or will occur as a result of this plan. Should this supply
plan expire without renewal or be revoked prior to adjudication of a permanent plan for
augmentation, all use of ground water must cease immediately.
12. If reclamation of the mines at the gravel pit sites included in this SWSP produce a permanent
water surface exposing groundwater to evaporation, an application for a plan for augmentation
must be filed with the Division 1 Water Court at least three years prior to the completion of mining
to include, but not be limited to, long-term evaporation losses. If a lined pond results after
reclamation, replacement of lagged depletions shall continue until there is no longer an effect on
stream flow.
13. Dewatering at the Lohmann Pit, Rinn Valley Pit, Fort Lupton Pit and Lupton Meadows Pit will
produce delayed depletions to the stream system. As long as the pits are continuously dewatered,
the water returned to the stream system should be adequate to offset the depletions. However,
once dewatering at the sites cease, the delayed depletions must be addressed. A plan that
specifies how the post pumping dewatering depletions (including refilling of the pit)will be
replaced, in time, place and amount along with the evaporation from groundwater exposed at the
sites after the dewatering stops was presented in the proposed plan.
14. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and
Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the
substitute supply is of a quality to meet requirements of use to senior appropriators. As such,
• water quality data or analysis may be requested at any time to determine if the water quality is
appropriate for downstream water users.
15. The decision of the state engineer shall have no precedential or evidentiary force, shall not create
any presumptions, shift the burden of proof, or serve as a defense in any pending water court
case or any other legal action that may be initiated concerning this plan. This decision shall not
bind the state engineer to act in a similar manner in any other applications involving other plans,
or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact
or conclusions of law contained herein, or with the engineering methodologies used by the
Applicant.
If you have any questions concerning this approval, please contact loana Comaniciu in Denver at
(303) 866-3581 or Dave Nettles in Greeley at (970) 352-8712:
Sincerely,
Kevin . Rein, P.E.
✓✓✓
ssi ant State Engineer
Attachments: Tables 4.1, 8 and 11
Varra Companies, Inc. Water Lease
•
Mr. Rick Parsons, P.E. April 19, 2010
L.G. Everist Combined Replacement Plan Page 9 of 9
• cc: Dave Nettles, Assistant Division Engineer, Div1Accounting(a�state.co.us (810 9th Street, 2n° Floor,
Greeley, Colorado 80631, 970-352-8712)
Shera Sumerford, District 5 Water Commissioner, Shera.Sumerfordtastate.co.us (1417 25th
Avenue, Greeley, Co 80634, (970)352-5558)
Scott Edgar, District 2 Water Commissioner, Scott.Edgar( state.co.us 1735 Dolores River Dr.,
Windsor, Co 80550
Division of Reclamation Mining and Safety
KGR/IDC/L.G.Evenst Combined Plan
•
•
•
Table 4,1 •
L.G.Everist Gravel Pit Aquifer Characteristics
Gravel Pit Site Distance to Aquifer Transmissivity Storage Coefficient
River(X,ft) Width(W,ft) (gpd/ft) (dimensionless)
Lohmann Pit 2,000 4,173 50,000 0.2
RinnValleyPit 715 4,173 125,000 0.2
Firestone Pit 2,210 2,262 72,300 0.2 , '
Ft.Lupton Pit 1,200 7,996 90,000 0.2
Lupton Meadows Pit 300 4,500 90,000 0.2
•
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1F
L.G. EVERIST, INC. CORPORATE OFFICE
300$.PHILLIPS AVE.•SUITE 200
P.0.BOX 5829
• SIOUX FALLS.SO 5711A5829
605-3 x) 00
571
FAX 605-334.3656
MOUNTAIN DIVISION
7321 E.88TH AVENUE•SUITE 200
HENDERSON.COLORADO 80640
December 30,2009 303-287-9606
FAX 303269-1348
Mr.Garrett Varra
Varna Companies
8120 Gage Street
Frederick,CO 80516
RE: Letter Agreement for Winter Augmentation Purchase
Dear Garrett,
This letter serves to finalize our previously discussed agreement for L.G. Everist,Inc.
(LGE)to lease fully consumable winter augmentation water for the purpose of fulfilling LGE's
Substitute Water Supply Plans from Vain Companies(Varra).Conditions of the agreement are
summarized below:
• If approved by the State,Vain agrees to release water from their"112 Pit"
located at the southwest comer of Weld County Rd 24.5 and 9.75 from where the
water will flow directly north and discharge into the St.Vrain Creek.
• Varra agrees to release the specified water volume and release it during the time
needed as found on the attached Winter Augmentation Schedule. Varra is
usually allowed to aggregate its winter releases and will seek the State's approval
to also aggregate these releases for LGE.
• Varra agrees to measure the water release using a saddle weir located at the
• pond's discharge.
▪ The agreement term will be for the calendar years 2010 and 2011.
• In return for V arm's services, LGE will prepay Van-a $75 per Acre Foot(AF)of
water released according to the Winter Augmentation Schedule AF totaling
148.85 AF for 2010 and 118.15 AF for 201 I.The total prepayment amount for
2010 equals$11,163.75.
If you are in agreement with these conditions as set forth, please acknowledge with a
qualified company representative's signature below and return to me at:
Matthew Noteboom,P.E.
L.G. Everist,Inc.
7321 E.881b Ave Suite 200
Henderson,CO 80640
Sincerel/IL
L.G. Everist, Inc.
Matthew Noteboom,P.E.
Sales Director/Project Engineer
•
•
L.G. Everist Replacement Supplies Summary
Varra 112 Pit Releases(acre-feet)
.LNw;ihitl�et`
2010 2011
Jan 4.16 18.57
Feb 4.15 24.09
Mar 4.09 , 14.43
Apr 1.77 14.35
May 1.71
Jun
Jul
Aug
Sep 8.59 6.32
Oct 57.00 9.88
Nov 43.11 20.22
Dec 25.97 8.60
TO
TAL 148,85 11815
•
• Workbook VVm Ptl12@InnnFoILGEv at2010 20!I SWSYrey.e l tat
Worksheet Was Replecmeno I VIVMS 41144A
ADMINISTRATION PROTOCOL
Dry-Up of Irrigated Land
•
Division One — South Platte River
As required by either a decreed change of water rights or a substitute water supply
plan, a source of irrigation water may be either permanently or temporarily removed
from a parcel of land in order to make the historical consumptive use portion of that
water supply available for other uses, typically augmentation. This protocol
addresses the documentation required to administer the effective'dry-up". To the
extent that one or more of the following directives are in direct contradiction with a
decree of the court, the terms of the decree must be followed.
Permanent Dry-up Covenant
1. Must be decreed by the court
2. Must be filed with clerk and recorder's office for the county wherein the land
is located.
3. Must address the issue of noxious weeds as required by§37-92-305(4.5)(a),
C.R.S. and/or other county or local ordinances. (DWR is not authorized to
administer the issue of noxious weeds; this statement is, therefore, simply
informational.)
Temporary Dry-up Agreement
1. May be made for a term that is not less than one irrigation season.
2. The division engineer and water commissioner must be notified in writing
prior to April 1 of the each irrigation season covered by the agreement
• 3. Once written notice has been made to the division engineer and/or water
commissioner,the dry-up requirement is irrevocable during the current
irrigation season regardless of whether or not the water associated with the
historical consumptive use is actually used.
•
Administration Protocol—Dry-Up of Irrigated Land
December 1, 2007
Sewer Supply Information
• This remains unchanged from what was approved in 1996 and
covered by Development Standard #10 . Portable toilet facil-
ities are maintained on site for use by employees . This
allows us to have them available in central locations around
the mine and close to where workers are active . These units
are serviced and maintained weekly or sooner as needed. We
may also choose to install a septic system or tap into the
St . Vrain Sanitation District sewage system that provides
services in this area in the future .
•
•
Hello