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Trout Valley Ranch SWSP June 19, 2017 <br />Plan ID 5900 Page 4 of 7 <br />It is the responsibility of the Applicant to ensure that replacement water is provided in <br />time, place, and amount. Replacements may be provided downstream of the point of <br />depletion but upstream of the calling water right. The Applicant must notify the District 23 <br />and District 80 water commissioners at least 48 hours prior to making replacement deliveries. <br />The applicant is required to obtain the water commissioner’s approval on a daily basis or as <br />required by the water commissioner. Our office has previously expressed to North Fork <br />Associates, LLC and Mountain Mutual Reservoir Company the need for measurement devices, <br />particularly on Deer Creek and the North Fork of the South Platte, to allow administration of <br />these water rights. Our office will continue to work with North Fork Associates, LLC and <br />Mountain Mutual Reservoir Company to ensure that replacement water can be adequately <br />measured and accounted for. <br /> <br />Long Term Augmentation <br /> <br />In accordance with the letter dated April 30, 2010 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 <br />for the protection of water resources. The April 30, 2010 letter from DRMS (copy attached) <br />requires that you provide information to DRMS to demonstrate you can replace long term <br />injurious stream depletions that result from mining related exposure of ground water. Upon <br />completion of mining operations and reclamation, there will be no permanent water exposure <br />and the site will be reclaimed to rangeland. In accordance with approach number 3, a total <br />bond amount of $415,073, which includes the cost of backfilling the pond(s), has been set by <br />DRMS and obtained by the Applicant. <br /> <br /> <br />Conditions of Approval <br /> <br />I hereby approve the proposed SWSP in accordance with § 37-90-137(11), C.R.S., <br />subject to the following conditions: <br /> <br />1. This SWSP is approved with the effective date of June 19, 2017 and shall be valid <br />through October 31, 2017 unless otherwise revoked or superseded by decree. The <br />expiration date may be extended through May 31, 2018, if an extension of the current <br />lease (extension until at least May 31, 2018) is provided to this office prior to October <br />31, 2017. The expiration date may be extended through May 31, 2019, if an <br />extension of the lease (extension until at least May 31, 2019) is provided to this office <br />prior to October 31, 2017 (or October 31, 2018 if previously extended). If this <br />SWSP will not be made absolute by a water court action by the SWSP expiration date, <br />a renewal request must be submitted to this office with the statutory fee <br />(currently $257) no later than August 1, 2017 (April 1, 2018 if extended through May <br />31, 2018; April 1, 2019 if extended through May 31, 2019). <br />2. A well permit must be obtained for the current use and exposed surface area of the <br />gravel pit in accordance with § 37-90-137(2) and (11), C.R.S., in conjunction with <br />this plan. Any application will be evaluated subsequent to approval of this SWSP. The <br />provisions of § 37-90-137(2), C.R.S., prohibit the issuance of a permit for a well to be <br />located within 600 feet of any existing well, unless the State Engineer finds that <br />circumstances so warrant after a hearing in accordance with the procedural rules in <br />2CCR402-5. The hearing will be waived if you are able to obtain statements from the