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Rick Parsons <br />M &G SWSP <br />May 6, 2014 <br />Page 5of7 <br />Augmentation that addresses the long term augmentation that exposed ground water lakes <br />requires. However, the Applicant is now planning to backfill the permit area so that no exposed <br />ground water area remains exposed thereby eliminating long term injurious depletions. On July 25, <br />2007, The Applicant obtained an amendment to the DRMS permit for this pit that changed the final <br />reclamation plan from open water surface to a backfilled site. The Applicant has recently received <br />approval of a Conditional Use Permit from the Adams County Board of County Commissioners <br />which will allow the Applicant to backfill the site within the next 36 months. The operator holds a <br />bond in the amount of $9,700 through DRMS to cover the cost of final reclamation. The current <br />bond IS NOT sufficient to ensure backfilling or lining the pit to prevent long term ground water <br />exposure in the event the operator walks away from the site. Since the final reclamation is to <br />backfill the site and to allow replacements to be made while the operator comes into <br />compliance with DRMS requirements this SWSP will be renewed for 2014. The Applicant <br />must document what steps are being taken with DRMS, and document DRMS's approval of <br />the plan of action to bring the site into compliance with the Colorado Reclamation Act and <br />the Mineral Rules and Regulations for protection of water resources. Additionally, at the <br />time this SWSP expires, if there is no progress made on the operators behalf to bring this <br />site into compliance, the SWSP may not be renewed which would result in Cease and <br />Desist Orders against the mine site. <br />Conditions of Approval <br />I hereby approve the proposed substitute water supply plan in accordance with §37 -90- <br />137(11), C.R.S., subject to the following conditions: <br />1. This plan shall be valid for the period of April 1, 2014 through March 31, 2015, unless <br />otherwise revoked or modified. If this plan will not be made absolute by a water court <br />action by the plan's expiration date, a renewal request must be submitted to this office <br />with the statutory fee of $257 no later than February 1, 2015. <br />2. A well permit has been obtained for the current use and exposed pond surface area of <br />the gravel pit in accordance with §37 -90- 137(2) and (11), C.R.S., permit no. 55520 -F. <br />3. The total surface area of the ground water exposed must not exceed 23.43 acres, which <br />results in stream depletions of 69.42 acre -feet. <br />4. No other use of ground water at this site is allowed under*this SWSP. <br />5. Total consumption at the M &G Pit must not exceed the aforementioned amounts unless <br />an amendment is made to this plan. <br />6. All releases of replacement water must be sufficient to cover all out -of- priority depletions <br />in time, place, and amount and must be made under the direction and /or the approval of <br />the water commissioner. The release of replacement water may be aggregated on a <br />monthly basis to maximize beneficial use. The water commissioner or the division <br />engineer shall determine the rate and timing of an aggregated release. <br />7. The replacement water that is the subject of this plan cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply plan, <br />the replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. A copy of this approval letter should be recorded with the County Clerk and <br />Recorder. All replacement water must be concurrent with depletions in quantity, timing, <br />and locations. <br />8. All diversions shall be measured in a manner acceptable to the Division Engineer. The <br />