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HomeMy WebLinkAbout20012398.tiff Att,-- p T o d i i DEPARTMENT OF PUBLIC HEALTH&5 ENVIRONMENT 1555 N. 171H AVENUE MAY - 2 pp01 I GREELEY COLORADO 80631 J W W W.CO.WELD.CO.USUS Ik ADMINISTRATION(970)304-6410 PUBLIC HEALTH EDUCATION&NURSING(970)304-6420 FAX(970)304-6416 ENVIRONMENTAL HEALTH SERVICES(970)304-6415 • FAX(970)304-6411 COLORADO April 26, 2001 Mobile Premix Concrete Inc. 1590 W. 12th Ave. Denver, Colorado 80204 RE: Individual Sewage Disposal System Permit No.: SP-0100168 Location: 2002 WCR 20 '/z Longmont Dear Sirs: This is to inform you that your Engineer Designed Septic System has been reviewed by the Weld County Board of Health and approved. A copy of the Weld County Board of Health I.S.D.S.Review Form and your I.S.D.S. Permit are enclosed. PLEASE NOTE THAT THE SYSTEM MUST BE INSPECTED BY A REPRESENTATIVE OF THIS DEPARTMENT AND BY THE DESIGNING ENGINEER. BEFORE THE SYSTEM CAN BE APPROVED FOR OPERATION. THE ENGINEER MUST CERTIFY TO THIS DEPARTMENT.IN WRITING. THAT THE SYSTEM HAS BEEN INSTALLED.ACCORDING TO HIS/HER SPECIFICATIONS. Should you have any questions regarding your septic system, please contact this office at your earliest convenience at(970) 304-6415. Sincerely, � Q n ^' Pam Smith ISDS Program Coordinator cc: Ed Glassgow, Scott, Cox & Associates, Inc 2001-2398 3 _IL WELD COUNTY DEPARTMENT -' PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, COLORADO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 r'ermit #: SP-0100168 Sec/Twn/Rng: 16 02 68 PERMIT Owner: MOBILE PREMIX CONCRETE INC Applied: 04/13/2001 Applicant: JORDAN DAVID Expires: 04/08/2002 Permit Type(tRNEW C=Commercial,R=Residential + NEW,REPair,VauLT Parcel #: 1313-16-0-00-006 Location: 2002 CR 20 1/2 16 02 68 Legal Desc: 25163 W2SW4 16 2 68 & PT SE4 BEG ON S LN 1296'W OF SE COR SE • Description: 2 MODULAR OFFICES Commercial: Y Residential:N Acres: 400 #of Persons: 10 . Basement Plumbing:.. N #of Bedrooms: 0 Bathrooms - Full: 0 3/4:. 1 1/2: • 2 • Water Public: Y Water Source: LEFT HAND • Water Private: N Cistern: N Well: N Well Permit-Number: Percolation Rate /(Q. O Limiting Zone Coft O in Description 6-i'Qo,-,1- aAT`IL Ground Slope - c_ -. ' Direction - - Soil Suitable(Y/N) Engineer Design Required(Y/N) " h Y In 100 Year Flood Plain (Y/N)�_ _ cram the application information supplied and the on-site soil percolation data the following minimum installation specifications are required: Chambers: Septic Tanlr9bC WOO -gallons; - Absorption Trench. • square feet or Absorption Bed 40,2 square feet In addition,this permit is subject to the following additional'terms and conditions: 4-Y^ _ {{i ���,,, Ohl t� li, l Al�ilA t � h.�(� �:.( 1 D in =4t .9C j 3 Jo D •e-rat of 3 cca� NOTICE This permit is granted temporarily to allow construction to commence. This'permit maybe revoked or suspended by the Weld County Department of Public Health and Environment for reasons set forth infthe.Weld County Individual Sewage Disposal System Regulations including failure to meet any term or condition imposed thereon during temporary or final approval. The issuance bf this permit does not constitute assumption by the department or its employees of liability.for the failure or inadequacy of the sewage disposal system. This permit is not transferable.,Before issuing final approval of this permit the Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval is contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. This permit expires one year from the application date. -worm:S_PERMT Environmental Health Specialist Date WELD COUNTY BOARD OF HEALTH ENGINEER DESIGNED SYSTEM REVIEW PROPERTY OWNER: Mobile Premix Concrete Inc. PERMIT.NO.: SP-0100168(CNEW) LEGAL DESCRIPTION: PT: SECTION: 16 TOWNSHIP: 2 RANGE: 68 SUBDIVISION: LOT: BLOCK: FILING: SITE ADDRESS: 2002 WCR 201/2 Longmont FACILITY: Commercial 10 worker office ACRES: 400 PERC RATE: 16.0 SOIL: Suitable WATER SUPPLY: Left Hand LIMITING ZONE: None XXX ENGINEER DESIGN (3.5) EXPERIMENTAL DESIGN (3.14) ENGINEER: M. Edward Glassgow ADDRESS: Scott, Cox &Associates, Inc. ESTIMATED FLOW: G.P.D. 270 PRIMARY TREATMENT: Standard tank CAPACITY: 2x 1000 gallons DISPOSAL METHOD: Absorption bed SIZE: 402 square feet REQUEST FOR VARIANCE: STAFF COMMENTS: The system is adequately sized for the proposed load. There will be two buildings on this system. A scale house and an office building. Each will have it's own septic tank (1000 gallon) but will have a common leach field. STAFF RECOMMENDATION: Approval ENVIRONMENTAL PROTECTION SPECIALIST: Steve Wiatrowski REVIEWED BY BOARD: 4/24/01 B.O.H. DECISION: APPROVED: DENIED: TABLED: Chairman Weld Co ty Board of Health EXHIBIT F Proof of Water Supply There is an existing water tap on the property that previously was connected to a house that we have torn down. Left Hand Water District is agreeable to us relocating the tap to service the structures we are requesting approval for. Our correspondence with them is attached as part of this exhibit. Also included as part of this exhibit: Agreement with the Water Users Association of District No. 6 covers the augmentation plan for the sand and gravel mining. Well Permit to cover the gravel pit ponds. .tea LEFT HAND WATER DISTRICT illip MEMORANDUM TO: Julie Goettemoeller, Western Mobile CC: Todd Petry, Distribution Manager FROM: Kathy Peterson, General Manager DATE: 4/4/01 RE: Relocation of existing tap on same property Your request to relocate a tap has been reviewed by our staff engineer. The proposed location is actually preferable to the current location, and the proposed relocation is approved, subject to: Formal letter requesting the relocation Confirmation of the tap number Payment of the cost of relocating the tap / ,D Q�?Gei 140 /20a Please contact us with any questions. J • P.O. Box 210 •Niwot CO. 80544•(303) 530-4200• Fax(303)530-5252 AGREEMENT REGARDING SAND AND GRAVEL MINING AND AUGMENTATION PLAN PERTAINING THERETO 1. PARTIES. The parties to this Agreement are WESTERN PAVING CON- STRUCTION COMPANY,' a Colorado corporation ("Western Paving") , THE WATER USERS ASSOCIATION OF DISTRICT NO. 6, a Colorado nonprofit corporation ("Water Users") , THE RURAL DITCH COMPANY, a Colorado mutual ditch com- pany ("Rural ") , THE GODDING DITCH COMPANY, a Colorado mutual ditch com- pany ( "Godding") , and THE SMITH AND EMMONS DITCH COMPANY, a Colorado mutual ditch company ("Smith and Emmons"). The reference to "Water Users" as used in this Agreement shall be interpreted to include the Water Users, member ditches of the Water Users, and the Rural , Godding and Smith and Emmons ditch companies, unless the context indicates otherwise. 2. RECITALS. Western Paving owns the property described on Exhibit A (the "Cottonwood Farm") and has applied to Weld County for a special use permit and the Colorado Mined Land Reclamation Board for a mining per- mit, to permit it to conduct sand and gravel mining activities on the Cottonwood Farm property. The mining operations as contemplated by Western Paving will necessitate the relocation of the Rural and Smith and Emmons ditches which presently cross the Cottonwood Farm property. It is also anticipated by the Water Users that the mining operations contemplated by Western Paving may have an impact on historical surface and ground water patterns on and in the vicinity of the Cottonwood Farm property, may affect the flow water in the Rural and Smith and Emmons ditches as relocated and may increase the risk of ditch washout from flooding. Furthermore, the parties acknowledge that the construction of lakes, which are part of Western Paving' s reclamation plan, will result in additional evaporation from open water surfaces which will adversely affect Water Users unless augmented. The Water Users have no objection to Western Paving's mining operations and reclamation of the Cottonwood Farm property if the concerns ex- pressed above are addressed and the interests of the Water Users are satisfactorily protected. Western Paving has agreed to protect those interests and the purpose of this Agreement is to set forth the specific agreements of the parties. 3. WESTERN PAVING'S AGREEMENTS. Western Paving agrees as follows: a. To conduct its mining operations on the Cottonwood Farm in accordance with the Mining and Reclamation Plan as finally approved by Weld County and the Colorado Mined Land Reclamation Board. b. That it will file an Application for Water Rights, in- cluding storage rights, claiming that it has an appropriation of water by virtue of the contemplated mining operation and reclamation plan, subject, however, to this Agreement. c. To construct those lakes which it constructs pursuant to the approved mining and reclamation plan in a good and workmanlike manner and to equip the lakes with such structures as are required by law. d. To relocate and reconstruct the Rural and Smith and Em- mons ditches, as well as any historical wasteways crossing the Cotton- wood Farm property, in such a manner as to assure that no' ditch users or persons affected by such ditch or ditches ( including Godding and its shareholders) shall be injured and in such a manner that the water and waste water flowing in such ditches will flow in the same manner and at the same time, and that such ditches and wasteways shall have the same capacity as they have historically had. The Rural and Smith and Emmons ditches shall be relocated and reconstructed according to plans and specifications approved in advance by the respective ditch companies prior to the commencement of mining activities east of a line 200 feet west of the Smith and Emmons Ditch serving Duckworth, Grooms and Engle- hard. The original ditches shall not be removed until the new ditches have been used for one irrigating season to show that they operate prop- erly. Acceptance of the new ditches and abandonment of the old ditches shall not relieve Western Paving of any of its obligations under this Agreement. If any ditches or laterals are eliminated as the result of Western Paving's mining operations or reclamation (for example, the plan contemplates elimination of two laterals of the Smith and Emmons Ditch) , Western Paving shall obtain written consents from those water users affected by such elimination and/or relocation, or, in the alternative, a court decree permitting such elimination, and shall furnish copies of those consents and/or decrees to the Water Users. e. To specifically guarantee to Rural and Smith and Emmons that they will receive water at the point at which their ditches flow from the Cottonwood Farm's property in the same amount, at the same rates, and at the same times as they historically received water prior to Western Paving's mining operations. Western Paving affirmatively assumes the responsibility for delivering water to those ditches in accordance with the foregoing and agrees that if, because of Western Paving's mining operations and reclamation, water cannot or is not de- livered to the Rural and Smith and Emmons ditches in accordance with historical flows, Western Paving shall obtain and deliver such addi- tional water to the headgate of those ditches as is necessary to dupli- cate historic patterns or compensate users of those ditches for any losses resulting from Western Paving' s failure to do so. f. To guarantee to Rural , Smith and Emmons, and Godding that carrying losses from seepage and evaporation of the Rural and Smith and Emmons ditches as they pass through or around the Cottonwood Farm prop- erty will not be greater than historical carrying losses or if so, that such losses shall be replaced immediately by Western Paving. Western Paving agrees to install , within 90 days after mining permits are issued by the Colorado Mined Land Reclamation Board and at least 12 months prior to the commencement of mining operations, measuring devices on the - 2 - Rural , Smith and Emmons, and Godding ditches, approved in advance by the Water Users, which devices shall be above and below the Cottonwood Farm property so that a historical flow pattern before mining operations are commenced can be established. During and after mining operations and reclamation, Western Paving agrees to take such action as is necessary to prevent increased carrying losses, including lining those ditches, i` necessary. • g. To install a system adjacent to the perimeter of Cotton- wood Farm to monitor ground water tables to determine the impact of Western Paving's mining operations and reclamation on ground water lev- els on adjacent property. The system shall be approved in writing by the Water Users prior to installation. Installation shall be completed within 90 days after mining permits are issued by the Colorado Mined Land Reclamation Board and at least 12 months prior to the commencement of mining operations so that an accurate historical ground water pattern can be established. If the monitoring system indicates a change in the water table caused by Western Paving's mining operations or reclamation, Western Paving shall install a system for recharging ground water levels and/or an alternative method for protecting property owners from injury as the result of changes in ground water levels. Western Paving affirm- atively agrees to recharge ground water levels or furnish alternate water supplies to property owners whose ground water table falls as the result of Western Paving's mining operations and reclamation, and to provide means of reducing ground water levels where ground water tables are raised as the result of Western Paving's mining operations or rec- lamation. h. To pay the cost of repairing or replacing any portion of the Rural or Smith and Emmons ditches, as relocated, which are damaged or washed out as a result of Western Paving's negligence or the inade- quate design or construction of those ditches by Western Paving. i . To augment Boulder Creek, and the Rural , Smith and Em- mons, and Godding ditches, in accordance with the water augmentation policy for gravel pits of the Water Users Association of District No. 6, thereby preventing injury to other water users, by conveying to the Water Users Association of District No. 6 an amount equal to two acre feet of augmentation for each surface acre of lake constructed. Western Paving's current plans call for the construction of approximately 314 surface acres of lake. If, at the end of its mining operations on the property, Western paving had constructed lakes having more or less than this number of surface acres, Water Users shall convey to Western Paving all water which has been conveyed to the Water Users by Western Paving over and above an amount determined by multiplying the number of surface acres of lakes by two acre feet or, if necessary, Western Paving shall convey to the Water Users additional water in order to equal the amount of two acre feet for each surface acre of lakes constructed. - 3 - Western Paving further agrees that the water rights which shall be used for augmentation in compliance with the foregoing provisions and in compliance with the water augmentation policy for gravel pits of the Water Users Association of District No. 6 shall be the water rights described on Exhibit B, or comparable water rights. Western Paving further agrees that the water rights described on Exhibit B shall be, as between the parties to this Agreement, 'considered to be appurtenant to the property described on Exhibit A and shall not be sold, transferred or used on grounds other than the property described on Exhibit A until after Western Paving has given the parties to this Agreement at least 90 days' prior written notice of its desire to use or transfer all or any part of said water rights elsewhere and Western Paving' s negotiation, in good faith, with the parties to this Agreement for their consent to such transfer or use, and in the absence of such agreement, Western Paving shall not transfer or use all or any part of said water rights elsewhere unless it has first obtained a decree of the Water Court authorizing such use or transfer. j. In order to implement the provisions of this Agreement, the water rights described above (with the exception of the Colorado Big Thompson Project Water which is provided for in the preceding paragraph) shall be conveyed to the Water Users Association of District 6 by deed or by appropriate stock transfer and, the deed of conveyance shall recite or the stock certificate issued to the Water Users shall bear, the fol- lowing notation: "These water rights (shares) and the uses of water attribut- able thereto are restricted by an Agreement dated b_E,rkt— 1,, iyj-,- entered into between Western Paving Construction Company, a � Colorado corporation, the Water Users Association of District No. 6, a Colorado nonprofit corporation, the Rural Ditch Com- pany, a Colorado mutual ditch company, the Smith and Emmons Ditch Company, a Colorado,mutual ditch company, and the God- ding Ditch Company, a Colorado mutual ditch company, and are subject to the terms of that Agreement. Said Agreement is recorded in the office of the Clerk and Recorder of Weld County, Colorado, and affects parts of Sections 16 and 17, and all of Section 21, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado. " Conveyance of water rights pursuant to this provision shall be accom- plished prior to the commencement of mining. Western Paving shall be entitled to use the water represented by the foregoing water rights until the same are required for augmentation pursuant to the provisions of this Agreement. k. With respect to the water rights transferred and/or re- stricted pursuant to this Agreement, pay all ditch assessments until such rights are required for augmentation at and from which time the - 4 - Water Users shall pay all ditch assessments. Voting of the shares transferred pursuant to this Agreement shall be determined by the Board of Directors of the Water Users Association of District No. 6. 1 . To reimburse the water users for its necessary and rea- sonable zxpenses incurred in connection with its review of the mining and reclamation plan and the preparation of this Agreement. 4. INDEMNIFICATION. Western Paving hereby agrees to at all times indemnify and keep indemnified the Water Users Association of District No. 6, the Rural Ditch Company, the Smith and Emmons Ditch Company, the Godding Ditch Company, and their respective officers and directors, and hold and save them harmless from and against all liability for damages, loss, costs, charges and expenses of whatever kind and nature, including attorneys' fees, which they or any of them shall or may, at any time, sustain or incur by reason or in consequence of Western Paving's mining operations or reclamation of the Connonwood Farm or the relocation and reconstruction of the Rural and the Smith and Emmons Ditch, as contem- plated hereby. 5. COVENANT RUNNING WITH THE LAND AND WATER RIGHTS AND EASEMENT. This Agreement shall be a covenant which runs with the land described on Exhibit A, and the water rights described above, and shall continue in effect and be binding upon the parties, their successors and assigns, unless or until the Water Users waive the terms hereof in writing or until entry of a judicial determination modifying this Agreement or determining that the provisions hereof are no longer required. The Water Users, Rural and Smith and Emmons shall have an easement for con- veying water and for operation, maintenance and repair of the ditches, as relocated, which easement shall be limited to reasonable access for the aforementioned purposes. The rights of the Water Users, Rural and Smith and Emmons to use the original ditches shall terminate after the new ditches have been in operation, and operated properly for one full irrigating season. 6. WATER USERS' AGREEMENT. In consideration of the covenants and agreements of Western Paving, the Water Users, Rural , Godding, and Smith and Emmons hereby: a. Withdraw any and all objections to the special use appli- cation which Western Paving has filed with Weld County and consent that the same may be issued at the discretion of Weld County. b. Withdraw any and all objections to the granting of the mining permit which Western Paving has applied to the Colorado Mined Land Reclamation Board for and consent that the same may be issued at the discretion of the Colorado Mined Land Reclamation Board. c. Covenant that they will not raise any objection to the mining or reclamation conducted in accordance with the provisions hereof - 5 - and the approved mining and reclamation plans, or commence any litiga- tion seeking injunctive or compensatory relief arising therefrom except for violation of the covenants and agreements set forth herein. 7. TERMINATION OF AGREEMENT. In the event that no Mining and Reclama- tion Plan is finally approved by Weld County and the Colorado Mined Land Reclamation Board; that mining permits are not granted, or that Western Paving does not mine the property, this Agreement, at the written request of Western Paving, shall be null and void, and all water rights which have been conveyed or assigned to the Water Users pursuant hereto shall be return to Western Paving, its successors or assigns. 8. ENFORCEMENT. This Agreement may be enforced by the Water Users, or any of its members who are adversely affected by any violation of any term hereof, by seeking any appropriate equitable and legal remedies, including injunctive relief, specific performance and damages. In the event that litigation is commenced by the Water Users or any of its members to obtain such enforcement, and the Water Users or any member prevails, Western Paving and/or its successors and assigns agree to pay for any reasonable attorneys' fees and court costs expended by the Water Users or the member in obtaining such enforcement. However, if Western Paving prevails, the Water Users, or the member instituting the litiga- tion, shall pay such fees and court costs expended by Western Paving. 9. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated herein for all purposes. 10. BINDING EFFECT. This Agreement shall be binding upon the parties, and their respective successors and assigns. DATED: 1"YEte O tO)�GS<v . WESTERN PAVING CONSTUCTION COMPANY„ THE WATER USERS ASSOCIATION OF a Colorado corporation DISTRICT NO. 6, a Colorado nonprofit corporation By l( I C -A—IL, BY .74,Le I % a"Z THE RURAL DITCH COMPANY, a Colorado THE GODDING DITCH COMPANY, a mutual ditch company Colorado mutual ditch company By Sv t.tAtuz. . f nc1E ATrAc Otb By THE SMITH AND EMMONS D N CH COMPANY, ✓ / a Colorado� mutual ditch company BY. ,1it-rr,— at'�/,ps - 6 - SIGNATURE PAGE TO: Agreement Regarding Sand and Gravel Mining and Augmentation Plan Pertaining Thereto PARTIES: Western Paving Construction Company, Water Users Association of District No. 6 The Rural Ditch Company • The Godding Ditch Company The Smith and Emmons Ditch Company Date: y` 07- (I7:? THE RURAL DITCH COMPANY, a Colorado Mutual Ditch Company tes By: '" - r� r < EXHIBIT A to Agreement Regarding Sand and Gravel Mining and Augmentation Plan Pertaining Thereto PARTIES: Watern Paving Construction Company, The Water Users Association of District No. 6, The Rural Ditch Company, The Godding Ditch Company and The Smith and Emmons Ditch Company A PORTION OF SECTIONS 16, 17, and 21, T 2 N. R 68 W OF THE 6th P.M. , WELD COUNTY, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the Southeast Corner of said Section 16, that being the true point of beginning, thence North 00°05'21" East a distance of 2,009.46' ; thence South 34°30'21" West a distance of 645.00' ; thence North 48°14'39" West a distance of 25.00' ; thence North 00°40'06" East a distance of 114.22 ' ; thence North 89°01'15" West a distance of 366.66' ; thence North 00°58'45" East a distance of 377.68' ; thence South 89°45'33" West a distance of 331.00' ; thence North 00°58'33" East a distance of 652.32' ; thence South 89°45'33" West a distance of 4242.56' ; thence North 89°55'00" West a distance of 469.70' ; thence South 34°31 '00" East a distance of 336.60' thence South 23°23'24" East a distance of 701.77 ' ; thence South 00006'06" East a distance 7,724.02' ; thence South 00°21 '42" West a distance of 1,328.54' ; thence North 89°48'37" East a distance of 3,094.74' ; thence North 33°24'41" East a distance of 1,595.15' ; thence North 89°54'04" East a distance of 1,321.57' to the true point of begin- ning, containing net acres of 400.344, more or less. mj :je:jm EXHIBIT B to: AGREEMENT REGARDING SAND AND GRAVEL MINING AND AUGMENTATION PLAN PERTAINING THERETO PARTIES: WESTERN PAVING CONSTRUCTION COMPANY, THE WATER USERS ASSOCIATION OF DISTRICT NO. 6, THE RURAL DITCH COMPANY, THE GODDING DITCH COMPANY, and THE SMITH AND EMMONS DITCH COMPANY WATER RIGHTS The following water rights are "attached and appurtenant" to the property described on Exhibit A and are to be used for purposes of augmentation pursuant to the foregoing Agreement: Average Annual Yield Total Average Annual Total Per Share(acre feet/share) Yield (acre feet) Number of Outstanding Direct Flow Reservoir Direct Flow Reservoir Ditch Shares Shares Acre feet/year Storage Acre feet/year Storage Smith and Emmons _ Ditch 2.5 8 149.39 20.05 373.47 50.13 Godding (Highland) South Side) Ditch 3.0 183 20.17 1.67 60.50 5.02 Carr and � Tyler Ditch 40% i - 244 97.67 Ownership N.K. Smith and Tyler Ditch 100% - 203.73 i - 223.73 - Ownership Colorado 100 Units - .75 - 82.5 - Big Thompson I - - i Total 837.87 55. 15 Acre Feet Acre Feet Per Year Per Year VI 1 IVL VI II IL_ -\I ,_ L_IVLIIIV1_L_II GWS-25 COLORADO DIVL. JN OF WATER RESOURCES C r Tb^-� v/N7O6J c e18 Centennial Bldg.. 131 ,rmen St, Denver, Colorado 80203 (303) 866-3581 LIC WELL PERMIT NUMBER 037632 - F -_ APPLICANT DIV. 1 CNTY. 62 WD 6 DES. BASIN MD APPROVED WELL LOCATION COUNTY WELD WESTERN MOBILE INC 1/4 1/4 Section 16 & 21 C/O P O BOX 21588 Twp 2 N , Range 68 W S P.M. DENVER, CO 80221 DISTANCES FROM SECTION LINES Ft. from Section Line Ft. from Section Line PERMIT TO EXPOSE WATER IN PITS ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) Approved pursuant to CRS 37-90-137 (2) and (11)(A)(I) for the diversions of ground water tributary to the Boulder Creek and the South Platte River system. Ground water shall be diverted only pursuant to the water exchange contract between the owner and the Water Users Association of District No. 6 dated December 20, 1982 or a court approved plan for augmentation. All diversions must comply with the amended rules and regulations of the State Engineer for the South Platte River and its tributaries. 3) The average annual amount of ground water to appropriated shall not exceed 622 acre-feet with the total surface area of the proposed ground water ponds limited to 311 acres (requested by the applicant). 4) The owner shall mark the wells (ponds) in a conspicuous places with well permit number(s) and court case number(s) as appropriate. He shall take necessary means and precautions to preserve these markings. 5) The boundaries of the gravel pit ponds shall be more than 600 feet from any existing well. 6) The use of ground water is limited to evaporation losses only. No other use of water is allowed unless a permit therefor is approved. Km rt. y1g t b . C. O CSY a -MOVED: • a /I/ C1nn�.�U-e� r- 731Lt c. c- N /3'^-1^c% (� • r 031546 1 r SEP 10 1990 BY SEP i 0 ., Receipt No. DATE ISSUED EXPIRATION DATE Hello