2017-12-28_INSPECTION - M1985026 (3)

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Mr. Peter Wayland Page 4 of 8 Challenger SWSP November 17, 2016 letter documenting compliance has not been received. The current reclamation plan is to leave three ground water lakes of 14, 2.4, and 3 acres (Exhibit F Reclamation Plan, 10/30/2006) for a total of 19.4 acres. The existing ponds exceed this acreage and as such a revision to the DRMS permit may be necessary. Permanent augmentation is to be provided by a Water Court decreed Augmentation Plan using up to 20 shares of the Hill and Brush Ditch. An augmentation plan has not been decreed by the court, nor has an application for such a plan been filed by Coulson or the Landowner with the Water Court. The current financial warranty held for this site is $20,241 and would not be sufficient to tine or backfill the pits should an Augmentation Plan not be obtained. Therefore this pit is not in compliance with the April 30, 2010 DRMS letter. By March 31, 2017, or when the Applicant request renewal of this plan for installing the proper measuring device, the Applicant must also submit documentation that they are in the process of obtaining a bond through DRMS to cover the cost of lining or backfilling or must permanently dedicate shares to the plan that can be used for the purposes of augmenting depletions in the unlikely event, or events, that would lead to the abandonment of the Pit. This bond or permanent dedication of water is required to be maintained until a permanent plan for augmentation is decreed by the court. Failure to provide such a bond or share dedication may result in the cancellation of this SWSP and may subject the Applicant or landowner to orders issued by the Division Engineer to immediately Cease and Desist all use of ground water including evaporation in addition to any remedies sought by DRMS. Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with C.R.S. § 37-90-137(11), subject to the following conditions: 1. This plan shall be valid for the period of November 17, 2016 through March 31, 2017, unless otherwise revoked or modified. This plan will be extended until December 31, 2017 or December 31, 2018, if the Applicant provides 1) information that a measurement structure that meets the water commissioner's approval has been installed and 2) if the Applicant can demonstrate that a water court application for a permanent plan for augmentation was filed with the Division 1 water court. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257) no later than February 15, 2017 or November 15, 2017 or November 15, 2018. 2. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. in conjunction with this plan. Applicant is required to submit the permit application within 30 days of receipt of this SWSP approval;or this plan will be cancelled. The provisions of Colorado Revised Statute § 37-90-137(2) prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, unless the state engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be cancelled. 3. The total surface area of the groundwater exposed at the Challenger Pit site after