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Rick Parsons <br />M &G SWSP <br />May 6, 2014 <br />Page 6 of 7 <br />Applicant shall install and maintain such measuring devices as required by the Division <br />Engineer for operation of this SWSP. No credit will be given to water delivered to the pit or <br />returned back to the river that is not measured to the satisfaction of the water <br />commissioner. In addition, the Applicant shall maintain daily records of all diversions, <br />replacements, and the amount of water used for each particular purpose. The Applicant <br />shall provide a report of these records to the Division Engineer <br />(Div 1Accounting(d)-state. co. us) and the water commissioners (Bill Schneider at <br />William. SchneiderCaD-state.co.us) and (Brent Schantz at Brent. Schantz(a)-state.co.us) on a <br />monthly basis. The accounting must be submitted within 30 calendar days of the end of <br />the month for which the accounting is being made and conform to the Administration <br />Protocol "Augmentation Plan Accounting, Division One — South Platte River" (attached). <br />9. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the division engineer and water commissioner. <br />10. Replacement of lagged depletions shall continue until there is no longer an effect on <br />stream flow. <br />11. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />plan. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, all excavation of product from <br />below the water table, and all other use of water at the pit, must cease immediately. <br />12. The operator holds a bond in the amount of $9,700 through DRMS to cover the cost of final <br />reclamation. This bond IS NOT sufficient to ensure backfilling or lining the pit to prevent <br />long term ground water exposure in the event the operator walks away from the site. Since <br />the final reclamation is to backfill the site and to allow replacements to be made <br />while the operator comes into compliance with DRMS requirements this SWSP will <br />be renewed for 2014. The Applicant must document what steps are being taken with <br />DRMS, and document DRMS's approval of the plan of action to bring the site into <br />compliance with the Colorado Reclamation Act and the Mineral Rules and <br />Regulations for protection of water resources. Additionally, at the time this SWSP <br />expires, if there is no progress made on the operators behalf to bring this site into <br />compliance, the SWSP may not be renewed which would result in Cease and Desist <br />Orders against the mine site. <br />13. 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 <br />the Division 1 Water Court at least three years prior to the completion of mining to <br />include, but not be limited to, long -term evaporation losses and lagged depletions. If a <br />lined pond results or the site is completely backfilled after reclamation, replacement of <br />lagged depletions shall continue until there is no longer an effect on stream flow. Granting <br />of this SWSP does not imply approval by this office of any such court application(s). <br />14. In accordance with amendments to Section §25 -8- 202 -(7), C.R.S. and Senate Bill 89- <br />181 Rules and Regulations adopted on February 4, 1992, the State Engineer shall <br />determine if this substitute water supply plan is of a quality to meet requirements of use <br />to which the senior appropriation receiving the substitute supply has normally been put. <br />As such, water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <br />