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Mr. Todd Williams, P.E. <br />March 24, 2015 <br />Page 5 of 6 <br />11: Water may be delivered to recharge only if the net impact of this plan is not negative. Water <br />must first be delivered or exchanged to offset negative impacts of this plan before it may be <br />diverted for recharge. <br />12. The replacement water, which 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, the <br />replacement water must be appurtenant to this site until a plan for augmentation and /or <br />liner approval is obtained for the entire site. All replacement water must be concurrent with <br />depletions in quantity, timing, and locations. <br />13. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div1Accounting@state.co.us) and the water commissioner <br />(Mark.Simpson@state.co.us) on a monthly basis, or more frequent if required by the water <br />commissioner. All amounts shall be in acre -feet. . <br />14. The name, address, and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms submitted to <br />the division engineer and the water commissioner. <br />15. .Applicant shall follow the Augmentation Plan Accounting, Dry-Up of Irrigated Land, and <br />Recharge Administrative Protocols, or any other applicable protocols as referenced in the <br />attached documents, for the operation of this SWSP. <br />16. Conveyance loss for delivery of augmentation water to is subject to assessment and <br />. modification as determined by the division engineer. <br />17. The amount and location of the dry-up of the irrigated acreage associated with the subject <br />2.5 shares of the Box Elder Ditch Company was previously documented and approved by the <br />division engineer and water commissioner (see attached map 2). <br />18. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three years prior to the completion of mining to include, but not be <br />limited to, long -term evaporation losses. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow. Granting of this plan does not imply approval by this office of any such court <br />application(s). <br />19. The Timnath- Connell Pit has been continuously dewatered. Dewatering operations at this site <br />create lagged accretions that mimic its lagged depletions due to the recharge of dewatering <br />water. The Applicant intends to line the pit when mining activity is complete, and none of the <br />currently dewatered areas will be within the unlined lakes after reclamation. Therefore the <br />site should not experience water loss associated with a "first fill" that occurs when unlined <br />gravel pits are allowed to fill with ground water. The Applicant proposes that in accordance <br />with the current dewatering plan, once dewatering at the site ceases, there will not be any <br />post - pumping depletions that must be addressed. <br />20. If dewatering of the Timnath- Connell Pit were discontinued prior to the completion of a liner, <br />the pit would fill creating additional depletions to the stream system and resulting in <br />increased evaporation. Additionally, should an augmentation plan not be obtained for the <br />unlined ponds, long term depletions to the stream system would result. To assure that <br />additional or long term depletions to the river do not occur, a bond for $510,198 for the lining <br />or backfilling of the Timnath- Connell Pit was obtained in 1999 through DRMS. This bond was <br />determined to be sufficient by DRMS during a site inspection on August 31, 2012. <br />