2015-01-12_REVISION - M1985112 (7)

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Mr. Jared Damns, E.I. Page 5 of 6 Loloff SWSP February 3, 2014 the Administration Protocol "Augmentation Plan Accounting, Division One—South Platte River"(attached). In addition, the Applicant shall verify that entities providing replacement water for this plan have included such use on their respective accounting submitted to the Division Engineer. For the duration of this SWSP, those entities are the Platte River Power Authority and the Graham Drainage Ditch Irrigation Company. 11.All pumping for dust control purposes shall be measured in a manner acceptable to the division engineer. Permanent records of all diversions must be maintained by the well owner (recorded at least monthly) and submitted to the division engineer on submitted accounting forms. • 12. If reclamation of the mine site produces a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3)years prior to the completion of mining to include, but not be limited to, long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this plan does not imply approval by this office of any such court application(s). 13. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions, thus dewatering is required to continue during the term of this plan. Once dewatering at this site ceases, the river will experience a net depletion as the pit gradually fills. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling the pit)will be replaced, in time, place and amount. Should dewatering cease, this SWSP will automatically become void until an amendment covering such action is sought and approved. 14. The monthly volume of water pumped for dewatering operations must be recorded through a totalizing flow meter and shown on the submitted accounting sheets. 15. In accordance with the letter dated April 30, 2010(copy attached)from the Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The Loloff Pit is not in compliance with this requirement. To allow replacements to be made while the operator comes into compliance with DRMS requirements this SWSP will be renewed for 2014. The operator shall not expand the exposed surface area of groundwater under this SWSP until the site has been brought into compliance with DRMS requirements. Additionally, at the time this SWSP expires, if there is no progress made on the operators behalf to bring this site into compliance,the SWSP may not be renewed which would result in Cease and Desist Orders against the mine site. 16. This SWSP may be revoked or modified at any time should it be determined that injury to other vested water rights has or will occur as a result of this SWSP. Should this