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Thomas A. Williamsen, P.E. <br />October 21, 2015 <br />Page 3 <br />Long Term Augmentation <br />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 mining <br />operators provide information to DRMS to demonstrate they can replace long term injurious <br />stream depletions that result from mining related exposure of ground water. The DRMS letter <br />identifies four approaches to satisfy this requirement. The 2nd approach is to obtain a court <br />approved augmentation plan. As previously discussed the Applicant has obtained a court <br />approved augmentation plan under Case No. 05CW146 <br />Conditions of Approval <br />I hereby approve the SWSP in accordance with 537-90-137(11), C.R.S., subject to the <br />following conditions: <br />1. This SWSP shalt be valid for the period of November 1, 2015 through October 31, 2016, <br />unless otherwise revoked or modified. If the Applicant cannot operate under the court <br />approved augmentation plan by the plan's expiration date, a renewal request must be <br />submitted to this office by September 15, 2016. <br />2. Well permit no. 42538-F was issued for the Nyholt-Mann Lake. <br />3. The total ground water surface area exposed post 1980 at the Nyholt-Mann Lake shall <br />not exceed 51.5 acres, resulting in an annual evaporative loss of 149.8 acre-feet. <br />4. Total consumption at the Nyholt-Mann Lake Pit must not exceed the aforementioned <br />amounts unless an amendment is made to this plan. <br />5. Water flows into the Nyholt-Mann Lake from Brantner Gulch. The Applicant must <br />release all out -of -priority storage in the Nyholt-Mann Lake within 72 hours or <br />augment such out -of -priority storage under a separate SWSP or court approved <br />augmentation plan. In order to assure that water is not being stored out -of -priority <br />the Applicant must install measuring and recording devices as required by the <br />division engineer and water commissioner to measure the amount of water flowing <br />into and out of Nyholt-Mann Lake. The Applicant must consult with the water <br />commissioner prior to installation of the measuring and recording devices and <br />obtain approval of the measuring and recording devices from the water <br />commissioner after installation. In addition, the Applicant must provide accounting <br />as required by the division engineer and water commissioner to show that water is <br />not stored in Nyholt-Mann Lake out -of -priority. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of this <br />water must first be approved by this office. <br />7. All releases of replacement water must be sufficient to cover all out -of -priority <br />depletions in time, place, and amount and must be made under the direction and/or <br />the approval of the water commissioner. The release of replacement water may be <br />aggregated to maximize beneficial use if approved by the water commissioner or <br />