2017-04-26_HYDROLOGY - M2000041 (2)

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Mr. Mark McLean, P.E. April 20, 2017 Page 3 of 5 Based on the lagging described above and as shown in Tables 3-4, attached, lagged stream depletions occurring during this SWSP plan year were determined to total 12.08 acre-feet. Projected post 2017 - 2018 plan year depletions are calculated to be 2.48 acre-feet. REPLACEMENT During April 2017 through March 2018, 15 acre-feet of fully consumable replacement credits from the Arkansas Groundwater Users Association ("AGUA") available pursuant to a 2-year lease (April 1, 2016 - March 31, 2018), will be provided to cover mining depletions. The credits will be generated through the delivery of fully consumable water available to AGUA from the Board of Water Works of Pueblo, from the City of Aurora, or from the Pueblo West Metropolitan District, to AGUA's Excelsior Recharge Ponds located immediately west of Chico Creek. The lease provides that AGUA will deliver up to 15 acre-feet to the Arkansas River by means of recharge ponds on the Excelsior Ditch. Attached Table 3 shows the proposed monthly replacement schedule for the 2017 - 2018 plan year. Projected post plan depletions will be replaced with 2.48 acre-feet of fully consumable water from AGUA. According to the renewal request, "AGUA has agreed to provide 2.48 acre-feet of fully consumable recharge credits from its Excelsior Recharge Ponds during the period of April, 2018 through March, 2019 if needed." The State and Division Engineers have reviewed the plan and the adequacy of each source of water provided for use as augmentation water, including, where necessary, the historical consumptive use of each water right, and return flows from diversion of waters imported into the Arkansas River Basin or other fully consumable waters proposed for use as augmentation water. CONDITIONS OF APPROVAL This SWSP is hereby approved pursuant to Section 37-90-137(11), C.R.S., subject to the following conditions: 1. This current plan shall be valid April 1, 2017 through March 31, 2018, unless otherwise revoked or superseded by decree. Should an additional SWSP be requested, such renewal request must be submitted to this office and the Division 2 office (please copy Kathy Trask at Kathy.Trask@state.co.us) with the statutory fee (currently $257) no later than January 2, 2018. 2. In accordance with the letter dated April 30, 2010 from the DRMS and as requested herein, explanation and/or documentation must be provided with the next SWSP renewal request which demonstrates that the financial warranty in the amount of $2,095,000.00 is sufficient to cover the cost of installing a clay liner or slurry wall that meets the Division of Water Resources requirements for preventing ground water exposure for Phase I-Parcel 4 of the mine site. Any future renewal request may not be approved if not submitted with the explanation and/or documentation requested above. 3. Active mining or dust control shall not occur at the site under this SWSP. Should the operator desire to resume mining or provide water for dust control at the site, a new SWSP must be obtained. 4. The mined cell must be maintained in a de-watered state to the extent that the exposed water surface area does not exceed a total of 3.5 acres including all ponds, collection areas, dewatering trenches, and return trenches. if the actual water surface exposure exceeds 3.5