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Rick Parsons <br />MEtG SWSP <br />September 17, 2015 <br />Page 7 of 8 <br />7. The replacement water that 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 <br />plan, the replacement water must be appurtenant to this site until a plan for <br />augmentation is obtained. A copy of this approval letter should be recorded with the <br />County Clerk and Recorder. All replacement water must be concurrent with <br />depletions in quantity, timing, and locations. <br />8. 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. No credit will be given to water delivered to the pit <br />or returned back to the river that is not measured to the satisfaction of the water <br />commissioner. In addition, the Applicant shall maintain daily records of all diversions, <br />replacements, and the amount of water used for each particular purpose. The <br />Applicant shall provide a report of these records to the Division Engineer <br />(DivlAccountinq@state.co.us) and the water commissioners (Bill Schneider at <br />William.Schneider@state.co.us) and (Brent Schantz at Brent. Schantz@state.co.us) on a <br />monthly basis. The accounting must be submitted within 30 calendar days of the end <br />of the month for which the accounting is being made and conform to the <br />Administration Protocol "Augmentation Plan Accounting, Division One - South Platte <br />River" (attached). <br />9. According to the information provided by the water commissioner the re ug fired <br />measuring device for the recharge operation identified in the SWSP has not been <br />approved. However the Applicant was claiming deliveries f_or recharge in the <br />accounting for the months of May, June, and July 2015. Since deliveries for <br />recharge was not allowed as the proper measuring device was not in place, the <br />Applicant is hereby notified that this SWSP will not be renewed for the MEtG site which <br />would result in Cease and Desist Orders against the mine site unless the required <br />measuring device for the recharge operation has been approved by the water <br />commissioner. <br />10. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the division engineer and water commissioner. <br />11. Replacement of lagged depletions shall continue until there is no longer an effect on <br />stream flow. <br />12. 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 <br />plan. Should this substitute water supply plan expire without renewal or be revoked <br />prior to adjudication of a permanent plan for augmentation, all excavation of product <br />from below the water table, and all other use of water at the pit, must cease <br />immediately. <br />13. The operator holds a bond in the amount of $9,700 through DRMS to cover the cost of final <br />reclamation. This bond IS NOT sufficient to ensure backfilling or lining the pit to prevent <br />long term ground water exposure in the event the operator walks away from the site. <br />Since the final reclamation is to backfill the site and to allow replacements to be <br />made white the operator comes into compliance with DRMS requirements this SWSP <br />will be renewed for 2016 if Applicant documents what steps are being taken with <br />DRMS, and document DRMS's approval of the plan of action to bring the site into <br />