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Mr. Todd Williams, P.E. Page 4 of 6 <br />March 24, 2015 <br />water court augmentation plan to cover the long term depletions associated with such ground water <br />ponds. <br />In accordance with the letter dated April 30, 2010 (see 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 required 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. In accordance with approach nos. 1 and 3 <br />identified in±that letter, the applicant holds a bond through DRMS in the amount of $510,198. A site <br />inspection on August 31, 2012 by DRMS confirmed the bond is sufficient to complete the reclamation <br />plan. <br />Conditions of Approval <br />I hereby approve this substitute water supply plan, in accordance with § 37 -90- 137(11), <br />C.R.S., subject to the following conditions: <br />1. This plan is approved with an effective date of April 1, 2015 and shall be valid through March <br />31, 2016 unless otherwise revoked or modified. If this plan will not be made absolute by a <br />water court action by the plan's expiration date, a renewal request must be submitted to this <br />office with the statutory fee (currently $257) no later than February 15, 2016. <br />2. Weldpermit 53419 -F was obtained for the current use and exposed pond surface area of the <br />grave l pit in accordance with § 37 -90- 137(2) and (11), C.R.S. <br />3. The total surface area of the ground water exposed at the Timnath- Connell Pit (not including <br />the recharge pond) must not exceed 6.03 acres, resulting in 14.53 acre -feet per year of <br />evaporative loss. <br />4. The total amount of ground water used for dust control at the Timnath- Connell Pit shall not <br />exceed 0.8 acre -feet per year. No product shall be mined at the site during this plan period. <br />5. Total consumption at the Timnath- Connell Pit shall not exceed the aforementioned amounts <br />unless an amendment is made to this plan. <br />6. 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. Any future additional historical consumptive use credit <br />given (e.g., agricultural water transfer) for this site must consider all previous credits given. <br />7. All pumping for dust control purposes shall be measured in a manner acceptable to the <br />division engineer. <br />8. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and,be made under the direction and /or approval of the water commissioner. The <br />replacement may be aggregated to maximize beneficial use. The water commissioner and /or <br />divii ion engineer shall determine the rate and timing of an aggregated release. <br />9. The water attributable to the 2.5 shares of the Box Elder Ditch Company must continue to be <br />diverted in priority at the ditch and then measured into the Timnath- Connell recharge site. <br />Adequate measuring devices acceptable to the water commissioner must be installed. <br />10. The Division of Water Resources will not acknowledge any recharge activity conducted <br />without the knowledge of the water commissioner. The flow into the recharge site must be <br />metered and equipped with a continuous flow recorder unless the water commissioner, in <br />conjunction with the division engineer, determines adequate records may be kept without <br />such equipment. <br />