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Timnath-Connell Substitute Water Supply Plan Page 4 of 7 <br />March 31, 2017 <br /> <br />stream depletions from the mining operation as well as the replacements made by the recharge <br />accretion credits of the Box Elder Ditch shares are shown in the attached Water Balance table. <br />Long Term Augmentation <br />The final reclamation plan for this site includes both a lined reservoir and unlined ponds. <br />The successful completion of a lined reservoir will eliminate long term depletions that would <br />require a long term augmentation plan. After completion and approval of the reservoir liner this <br />area must continue to be covered by a valid SWSP until the lagged depletions from mining <br />operations are no longer impacting the river. <br />An unlined pond in addition to the recharge pond will remain on the site after final <br />reclamation. The creation of a permanent unlined pond will result in long term evaporation of <br />ground water which requires a long term augmentation plan. The Applicant is required to obtain a <br />water court augmentation plan to cover the long term depletions associated with such ground <br />water ponds. <br />In accordance with the letter dated April 30, 2010 (see attached) from the Colorado Division <br />of 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 required 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. In accordance with approach nos. 1 and 3 <br />identified in that letter, the applicant holds a bond through DRMS in the amount of $510,198. A <br />site inspection on August 31, 2012 by DRMS confirmed the bond is sufficient to complete the <br />reclamation plan. <br />Conditions of Approval <br />I hereby approve this substitute water supply plan, in accordance with § 37-90-137(11), <br />C.R.S., subject to the following conditions: <br />1. This plan is approved with an effective date of April 1, 2017 and shall be valid through March <br />31, 2018 unless otherwise revoked or superseded by a decree. If this plan will not be made <br />absolute by a water court action by the plan’s expiration date, a renewal request must be <br />submitted to this office with the statutory fee (currently $257) no later than February 15, <br />2018. <br />2. Well permit 53419-F was obtained for the current use and exposed pond surface area of the <br />gravel pit in accordance with § 37-90-137(2) and (11), C.R.S. <br />3. The total surface area of the ground water exposed at the Timnath-Connell Pit (not <br />including the recharge pond) must not exceed 6.03 acres, resulting in 15.50 acre-feet per <br />year of evaporative loss. <br />4. The total amount of ground water used for dust control at the Timnath-Connell Pit shall not <br />exceed 0.8 acre-feet per year. No product shall be mined at the site during this plan <br />period. <br />5. Total consumption at the Timnath-Connell Pit shall not exceed the aforementioned amounts <br />unless an amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. Any future additional historical consumptive use