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Bernhardt Pit SWSP Page 3 of 5 <br /> June 30, 2014 <br /> Long-T rm Augmentation <br /> n accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division <br /> of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with <br /> the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the <br /> protection of water resources. The April 30, 2010 letter from DRMS requires that you provide <br /> information to DRMS to demonstrate you can replace long term injurious stream depletions that <br /> result from mining related exposure of ground water. <br /> For any gravel pit whose reclamation includes lining or backfilling of the pit, bonds must be <br /> posted that can be used to complete the reclamation plan should the operator walk away from the <br /> site. A bond for $1,858,965.73 has been obtained by Bestway through the Division of Reclamation, <br /> Mining, and Safety ("DRMS") to assure that depletions from groundwater evaporation do not occur in <br /> the unforeseen event, or events, which would lead to the abandonment of the Pit (approach #3). <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 SWSP shall be valid for the period of January 1, 2014 through December 31, 2014, unless <br /> otherwise revoked, modified, or superseded by decree. If this plan will not be made absolute <br /> by a water court action by the plan's expiration date, a renewal request must be submitted <br /> Ito this office with the statutory fee (currently $257), with all necessary leases and other <br /> 'supporting documentation, no later than November 1, 2014. <br /> 2. Well permit no. 65812-F was obtained for the current use and exposed pond surface area of <br /> the Bernhardt Pit in accordance with S 37-90-137(2) and (11), C.R.S. <br /> 3. The total surface area of the groundwater exposed at the site must not exceed 6.52 acres during <br /> the approval period of this SWSP, which results in a maximum annual evaporative loss at the <br /> Bernhardt Pit of 18.78 acre-feet. <br /> 4. The annual amount of water used for dust control at the Bernhardt Pit shall not exceed 3.33 <br /> acre-feet. <br /> 5. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br /> 6. The annual amount of water pumped from well permit no. 60729-F shall not exceed 1.23 <br /> acre-feet used in the production of 10,000 cubic yards of concrete. No water may be <br /> pumped from this well until a totalizing flow meter is installed on the well and approved <br /> by the water commissioner. <br /> 7. iThe Applicant must either amend the DRMS permit boundary to include the site of the <br /> ,concrete batching well (permit no. 60729-F) and concrete batching plant or obtain a SWSP <br /> for the well pursuant to S 37-92-308 or a court approved augmentation plan. <br /> 8. Total consumption at the Bernhardt Pit must not exceed the aforementioned amounts unless <br /> an amendment is made to this plan. <br /> 9. 'Approval of this plan is for the purposes as stated herein. Additional wells and/or additional <br /> uses for the water that is the subject of this SWSP will be allowed only if a new SWSP is <br /> approved for those additional wells/uses. <br /> 10. All diversions shall be measured in a manner acceptable to the division engineer. The <br /> Applicant shall install and maintain such measuring devices as required by the division <br /> engineer for operation of this SWSP <br />