2017-11-03_INSPECTION - M1977151

• Permit No: M1977151
• IBM Index Class Name: Inspection
• Doc Date: 11/3/2017
• Doc Name: Inspection Report
• From: DRMS
• To: R M Hiner Construction Co Inc
• Email Name: ECS
• Media Type: D
• Archive: No

Mr. Jared Dains, P.E. Page 7 of 9
May 7, 2015
the attached Division One Administration Protocol "Use of Replacement Sources Not
Specifically Identified in an SWSP or Augmentation Plan".
10. All releases of replacement water must be sufficient to cover all out-of-priority depletions in
time, place, and amount and must be made under the direction and/or the approval of the
water commissioner. The release of replacement water may be aggregated to maximize
beneficial use. The water commissioner and/or the division engineer shall determine the rate
and timing of an aggregated release. The Applicant is required to coordinate with the water
commissioner the delivery location of replacement water to ensure out-of-priority depletions
are adequately replaced to prevent injury to other water rights.
11. The water attributable to the 3.0 shares of the GIC must continue to be diverted in priority at
the ditch and then measured back to the Cache la Poudre River in the vicinity of the Greeley
Pit. Adequate measuring devices acceptable to the water commissioner must be installed.
12. All pumping for dust control purposes shall be measured in a manner acceptable to the
division engineer.
13. Adequate accounting of depletions and replacements must be provided to the division
engineer in Greeley ([e-mail]) and the water commissioner (Mark Simpson
at Mark.Simpson®state.co.us) on a monthly basis or other interval acceptable to both of
them. The accounting form provided with your application is subject to modification and
approval by the division engineer. All amounts shall be in acre-feet. Submitted accounting
shall conform to the Administration Protocol "Augmentation Plan Accounting, Division One -
South Platte River" (attached).
14. The name, address, and phone number of the contact person who will be responsible for the
operation and accounting of this plan must be provided on the accounting forms submitted to
the division engineer and the water commissioner.
15. Conveyance toss for delivery of augmentation water is subject to assessment and modification
as determined by the water commissioner or division engineer.
` ' 16. If reclamation of the mine site will produce a permanent water surface exposing groundwater
to evaporation, an application for a plan for augmentation must be filed with the Division 1
Water Court at least three years prior to the completion of mining to include, but not be
limited to, long-term evaporation losses and lagged depletions. If a lined pond results after
reclamation, replacement of lagged depletions shall continue until there is no longer an
effect on stream flow. Granting of this plan does not imply approval by this office of any such
court application(s).
17. For the purposes of this SWSP, the previously submitted affidavit dedicating 3.0 GIC shares as
' ' replacement water solely to this SWSP will be accepted for the dedication of the shares;
however, if the State Engineer determines that a different affidavit or dedication process is
necessary to assure proper dedication of the shares, additional information may be required
prior to future SWSP approvals. A copy of the dedication for the additional 2.5 shares
obtained by the Applicant must be provided to this office.
18. Approval of this SWSP does not relieve the Applicant of their obligation to actively pursue the
acquisition of these additional shares of GIC water or develop an alternate plan for achieving
compliance with the DRMS's April 30, 2010 letter. Prior to future approvals the Applicant
must dedicate additional water to this plan or propose other steps that will be taken to
itprevent the exposure of additional ground water at the pit and associated long term
augmentation requirements.