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Ms. Jennifer S. Lindhat Page 8 <br /> June 8, 2016 <br /> 12.The Division of Water Resources wilt not be responsible for any enforcement or administration of <br /> third party agreements that are not included in a decree of the water court. <br /> 13. The name, mailing address, and phone number of the contact person who will be responsible for <br /> operation and accounting of this plan must be provided on the accounting forms to the division <br /> engineer and water commissioner. <br /> 14. Dewatering at these sites will produce delayed depletions to the stream system. As long as the <br /> pits are continuously dewatered, the water returned to the stream system should be adequate to <br /> offset the depletions attributable to the dewatering operation. if dewatering at the site ceases, <br /> the delayed depletions must be addressed. At least three years prior to completion of <br /> dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions <br /> (including refilling of the pit) will be replaced, in time, place and amount. <br /> 15. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of <br /> Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply <br /> with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for <br /> the 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 that <br /> result from mining related exposure of ground water. The DRMS letter identifies four approaches <br /> to satisfy this requirement. <br /> In accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained for <br /> $202,000 for the Morton Lakes and for $872,500 for the Holton Lakes through the DBMS to assure <br /> that depletions from groundwater evaporation do not occur in the unforeseen event, or events, <br /> that would lead to the abandonment of the Pit. <br /> 16. All releases of replacement water must be sufficient to cover all out of priority depletions and be <br /> made under the direction and/or approval of the water commissioner (including the proposed <br /> aggregated replacement for winter depletions). <br /> 17. The approval of this SWSP does not relieve the Applicant and/or landowner of the requirement to <br /> obtain a Water Court decree approving a permanent plan for augmentation or mitigation to <br /> ensure the permanent replacement of all depletions, including tong-term evaporation losses and <br /> tagged depletions after gravel mining operations have ceased. If reclamation of the mine site <br /> will produce a permanent water surface exposing groundwater to evaporation, an application for <br /> a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years <br /> prior to the completion of mining to include, but not be limited to, long-term evaporation losses <br /> and lagged depletions. If a tined pond results after reclamation, replacement of tagged <br /> depletions shall continue until there is no longer an effect on stream flow. <br /> 18. This SWSP may be revoked or modified at any time should it be determined that injury to other <br /> water rights has or will occur as a result of this plan. Should this SWSP expire without renewal or <br /> be revoked prior to adjudication of a permanent plan for augmentation, all excavation of the <br /> product from below the water table, and all other use of water at the pit, must cease <br /> immediately. <br />