2016-08-25_REVISION - M2001022 (8)

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Case No. 09CW105 Findings of Fact, Conclusions of Law, Judgment and Decree Page 9 of 28 AWAS alluvial aquifer model or similar tool. A copy of the reuse accounting form approved by the Division Engineer shall be provided to Central. 7.6 Loveland Ready Mix shall install and maintain measuring devices and shall keep records as directed by the Division Engineer or Water Commissioner. Loveland Ready Mix shall maintain records of its diversions and shall provide such information to the Division Engineer on such forms and at such times as reasonably requested by the Division Engineer. 7.7 Revegetation Requirements. 7.7.1 The historically irrigated land is now included within the lands covered by Loveland Ready Mix's mining permit, DRMS Permit No. M-2006-080. The mining permit contains detailed conditions requiring revegetation of disturbed lands. Loveland Ready Mix shall comply with the revegetation conditions of the mining permit. Compliance with the revegetation conditions of the mining permit as described in this paragraph 7.7.1 will meet the revegetation requirement of CRS §37-92-305(4.5)(a). Except as provided in paragraphs 7.8 or 7.10 of this decree, as each Hillsborough Share, or portion of share, is put to a Changed Use, a corresponding amount of historically irrigated acres must either be reclaimed pursuant to the following requirements(1) and(2) of LRM's DRMS Permit No. M- 2006-080 as described in this paragraph 7.7.1, or be located within a lined or unlined gravel pit. Pursuant to this decree, for the reclaimed areas located within the historically irrigated lands, LRM must satisfy the following requirements: (1) LRM is required to plant the grass seed mix as approved by DRMS in the Technical Revision Approval, Revision TR02 for LRM's Permit No. M-2006-080 on August 25, 2011; and (2) LRM is required to construct and maintain a perimeter drain for each slurry wall or lined gravel pit to maintain historical ground water levels and prevent ground water mounding in accordance with approved engineering design on file with DRMS for Permit No. M-2006-080. To the extent there is substantial conformity with the approved engineering design currently on file with DRMS and DRMS approval is obtained, LRM may revise the perimeter drain design plans to conform to any change in the configuration of gravel pits resulting from mining operations. LRM shall provide notice to Greeley and Central of any revisions to its perimeter drain design plans. LRM shall also provide notice to Greeley, Central and the Division Engineer once LRM satisfies the reclamation requirements of its DRMS permit described in requirements (1) and (2) of this paragraph 7.7.1 for reclaimed areas located within the historically irrigated lands. The perimeter drains constructed around the Walters Reservoir No. I and 2 comply with the above described requirements. LRM's obligations under this decree to construct and maintain a perimeter drain for each slurry wall or lined gravel pit in substantial conformity with the current design plans on file with DRMS, and to plant the grass seed mix described in this paragraph 7.7.1 shall remain terms and