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Bonser Pit SWSP <br />September 25, 2013 <br />Long Term Augmentation Requirements <br />Page 3 of 5 <br />In accordance with the letter dated April 30, 2010 from the Colorado Division of Reclamation, <br />Mining, and Safety ( "DRMS "), all sand and gravel mining operators were required to demonstrate to <br />DRMS how they were in compliance with the requirements of the Colorado Reclamation Act and the <br />Mineral Rules and Regulations for the protection of water resources by April 30, 2011. The operator's <br />response to the DRMS letter has not been provided to this office. The final reclamation plan for the <br />Bonser Pit includes the proposed creation of a 55 -acre ground water lake. This lake will create <br />evaporative depletions of approximately 120 acre -feet per year. The operator currently has a bond <br />through DRMS in the amount of $218,003 to cover reclamation cost. Information showing this bond is <br />sufficient to line or backfill the proposed 55 acre pond has not been provided to this office. <br />Additionally, the Applicant has not demonstrated they own sufficient water rights to provide a <br />permanent source of replacement water to cover the long -term augmentation requirements of the 55- <br />acre lake. Therefore, prior to exposing ground water in excess of the existing 6.3 acre borrow <br />pit pond, the Applicant is required to obtain approval of a new SWSP that allows for the <br />exposure of additional ground water and must provide documentation to this office that they <br />can replace long -term depletions or have bonded the site to cover the cost of lining or <br />backfilling. <br />Conditions of Approval <br />I hereby approve the proposed SWSP in accordance with §37 -90- 137(11), C.R.S., subject to <br />the following conditions: <br />1. This plan is approved with the effective date of September 25, 2013 and shall be valid through <br />August 31, 2015 unless otherwise revoked or modified. If this plan will not be made <br />absolute by a water court action by the plan's expiration date, a renewal request must <br />be submitted to this office with the statutory fee (currently $257) by May 31, 2015. <br />2. A well permit must be obtained for this pit in accordance with § 37 -90- 137(2) and (11), C.R.S. <br />The Applicant has submitted a well permit application, receipt no. 3659345 -A, which will be <br />evaluated subsequent to approval of this SWSP. The provisions of § 37 -90- 127(2), C.R.S., <br />prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, <br />unless the State Engineer finds that circumstances so warrant after a hearing held in <br />accordance with the procedural rules in 2 CCR 402 -5. This hearing may be waived if you are <br />able to obtain statements from the owners of all wells within 600 feet, verifying that they have <br />no objection to your use of the proposed well. Should a well permit be denied for reasons of <br />600 foot spacing, or any other legitimate reason, approval of this SWSP will be cancelled. <br />3. The water consumption and depletions associated with this mining operation must not exceed <br />those amounts listed on the attached Table AI.2. <br />4. 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 />5. All pumping for dust control shall be measured in a manner acceptable to the Division <br />Engineer. For the purposes of this SWSP a Totalizing Flow Meter is required to meet <br />the requirements of the division engineer. <br />6. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms submitted to the <br />division engineer and the water commissioner. <br />