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Mr. Todd Williams, P.E. <br />April 24, 2015 <br />Page 5 of 6 <br />depletions. If a lined pond results after reclamation, replacement of lagged depletions shall <br />continue until there is no longer an effect on stream flow. <br />17. For gravel pits that are lined in accordance with the State Engineer's Lining Criteria, the <br />applicant must provide replacement for all native ground water remaining within the lined <br />area that is put to beneficial use except for the water removed in the mined product. The <br />water may be removed from within the lined area and returned to the stream system through <br />surface flow or ground water recharge without need for replacement, so long as the operator <br />does not put the water to beneficial use. <br />18. in accordance with the letter dated April 30, 2010 from the Colorado Division of Reclamation, <br />Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with the <br />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 <br />that result from mining related exposure of ground water. Upon approval of the clay liner by <br />the State Engineer's Office, the Applicant will be in compliance with approach no. 4. <br />19. To assure that additional depletions to the river do not occur, the Applicant has obtained a <br />bond through DRMS in 2008 for $328,445 which includes lining or backfilling the SerFer pit. <br />The Applicant is required to maintain this bond until the pit is adequately lined or backfilled, <br />and all lagged stream depletions have been replaced. <br />20. 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 plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all excavation of product from below the <br />water table, and all other use of water at the pit, must cease immediately <br />21. In accordance with amendments to 5 25 -8- 202(7), C.R.S., and "Senate Bill 89 -181 Rules *and <br />Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to which the senior appropriators <br />receiving the substitute supply has normally been put. As such, water quality data or analysis <br />may be requested at any time to determine if the requirement of use of the senior <br />appropriator is met. <br />22. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any pending <br />water court case or any other legal action that may be initiated concerning this plan. This <br />decision shalt not bind the state engineer to act in a similar manner in any other applications <br />involving other plans, or in any proposed renewal of this plan, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />If you have any questions concerning this approval, please contact Michael Hein, Assistant <br />Division Engineer, in Greeley at (970) 352 -8712 or Sarah Brucker in Denver at (303) 866 -3581. <br />Sincerely, <br />— FIVV4 rNL4 <br />Jeff De-alrerage, P.E., <br />Chief of Water Supply <br />