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• <br /> Mr. Wayland Page 5 of 6 <br /> Goose Haven #2 Expansion SWSP <br /> February 1, 2016 <br /> mining operations have ceased. If reclamation of the mine site will produce a permanent <br /> water surface exposing groundwater to evaporation, an application for a plan for <br /> augmentation must be filed with the Division 1 Water Court prior to the completion of <br /> mining, to include, but not be limited to, long-term evaporation losses and lagged <br /> depletions. If a lined pond results after reclamation, replacement of lagged depletions <br /> from mining and dewatering shall continue until there is no longer an effect on stream <br /> flow. <br /> 14. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado <br /> Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining <br /> operators must comply with the requirements of the Colorado Reclamation Act and the <br /> Mineral Rules and Regulations for the protection of water resources. As the DRMS <br /> permit holder and land owner is the City of Lafayette, a bond to cover the cost of <br /> backfilling or lining the pit is not required as Lafayette is a governmental agency. As the <br /> final reclamation plan is a lined reservoir, an augmentation plan is not required to be filed <br /> in court. <br /> 15. 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 prior <br /> to adjudication of a permanent plan for augmentation, all excavation of product from <br /> below the water table, and all other use of water at the pit, must cease immediately. In <br /> addition, lack of timely accounting may prevent proper administration, which may lead to <br /> revocation or modification of this plan. <br /> 16. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules <br /> and Regulations adopted on February 4, 1992, the State Engineer shall determine <br /> whether the substitute supply is of a quality to meet requirements of use to senior <br /> appropriators. As such, water quality data or analysis may be requested at any time to <br /> determine if the water quality is appropriate for downstream water users. <br /> 17. The decision of the state engineer shall have no precedential or evidentiary force, shall <br /> not create any presumptions, shift the burden of proof, or serve as a defense in any <br /> water court case or any other legal action that may be initiated concerning the substitute <br /> water supply plan. This decision shall not bind the state engineer to act in a similar <br /> manner in any other applications involving other plans or in any proposed renewal of this <br /> plan, and shall not imply concurrence with any findings of fact or conclusions of law <br /> contained herein, or with the engineering methodologies used by the Applicant. <br /> Should you have any questions, please contact Karlyn Armstrong of this office Michael <br /> Hein of our Division office in Greeley at (970) 352-8712. <br /> Sincerely, <br /> 111° <br /> ---v✓ <br /> Jeff Deatherage, P.E. <br /> of Water Supply <br /> Attachments: Tables 1, Al.1, AI.2, AI.3, Figure 2 <br /> City of Lafayette Lease Letter <br /> April 30, 2010 DRMS letter <br />