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<br />Mr. Stephen Buechner, P.E. December 7, 2017 <br /> Page 5 of 6 <br />requirement to obtain a Water Court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long-term evaporation losses and lagged depletions after gravel mining <br />operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 2 Water Court at least three (3) years <br />prior to the completion of mining, to include, but not be limited to, long-term <br />evaporation losses and lagged depletions. If a lined pond results after reclamation, <br />replacement of lagged depletions from mining and dewatering shall continue until <br />there is no longer an effect on stream flow. <br /> <br />11. Dewatering at this site will produce delayed depletions to the stream system. As long <br />as the pit is continuously dewatered, the water returned to the stream system should <br />be adequate to offset the depletions. However, once dewatering at the site ceases the <br />delayed depletions must be addressed. At least three years prior to completion of <br />dewatering at the Parkdale Pit a plan must be submitted that specifies how the post <br />pumping dewatering depletions(including refilling of the pit) will be replaced, in time, <br />place and amount. <br /> <br />12. 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 <br />must comply with the requirements of the Colorado Reclamation Act and the <br />Mineral Rules and Regulations for the protection of water resources. The April 30, <br />2010 letter from DRMS requires that you provide information to DRMS to <br />demonstrate you can replace long term injurious stream depletions that result <br />from mining related exposure of ground water. <br /> <br />In accordance with approach nos. 1 and 3, you have indicated that a bond has been <br />obtained for $1,174,724 through DRMS to assure that depletions from groundwater <br />evaporation do not occur in the unforeseen event, or events, which would lead to <br />the abandonment of the Pit. In addition, Front Range Aggregates owns and has <br />dedicated five shares of Twin Lakes Reservoir and Canal Company to cover these <br />potential long term depletions. Front Range Aggregates must continue to commit <br />those shares to this plan until such time as the State Engineer authorizes the <br />release of this commitment. <br /> <br />13. The State Engineer may revoke this SWSP or add additional restrictions to its operation <br />if at any time the State Engineer determines that injury to other vested water rights <br />has occurred or will occur as a result of the operation of this SWSP. Should this SWSP <br />expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of water under this SWSP must cease immediately and the <br />Applicant shall obtain and present to this office an alternate source of replacement <br />water. <br /> <br />14. In accordance with amendments to Section 25-8-202-(7), C.R.S. and “Senate Bill 89- <br />181 Rules and Regulations” adopted on February 4, 1992, the State Engineer shall <br />determine whether or not the substitute supply is of a quality to meet requirements of <br />use to senior appropriators. As such, water quality data or analysis may be requested <br />at any time to determine if the water quality is appropriate for downstream water <br />users.