2017-12-28_INSPECTION - M1985026 (3)

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Mr. Peter Wayland Page 6 of 8 Challenger SWSP November 17, 2016 10. The Division Engineer, or his designated representative, wilt administer all such water transported in the Big Thompson River or its tributaries under this SWSP, including water for replacement of depletions, past intervening headgate to ensure that such water is not intercepted or otherwise diminished in quantity by diversion, use or other interference by intervening water rights and to assure that such water remains available and suitable for Applicant's uses under this SWSP, except when any intervening headgate is diverting the entire flow of ("sweeping") the river. In the event that delivery past headgate which sweep the river requires the installation of a bypass structure or the use of an existing bypass structure by agreement with a third- party, Applicant is responsible for either installation a new bypass structure with a continuous recording measuring device(s) as approved by the Water Commissioner or securing an agreement with a third-party to use an existing bypass structure and providing such information and agreement to the Division Engineer. 11.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 to the division engineer and water commissioner. 12. Approval of this substitute water supply plan does not relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining operations have ceased. An application for a plan for augmentation is required to be filed with the Water Court by December 31, 2017. Approval of this plan does not imply approval by this office of any related litigation. By that date the Applicant or its successor in ownership must have either filed an application with the Water Court for a court-approved augmentation plan or commenced backfilling of the site or explain why an extension to the above deadline is required. 13. In accordance with the letter dated April 30, 2010 from the Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS required that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. A response to the DRMS letter documenting compliance has not been received. 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.