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Turnpike Mining Resources Page 6 of 7 <br />May 23, 2018 <br /> <br />not reached a steady-state rate the Applicant must perform a lag dewatering depletion analysis <br />to show true pumping impacts from dewatering. <br /> <br />17. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado <br />Division of Reclamation, Mining, and Safety (“DRMS”), all sand and gravel mining operators <br />must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules <br />and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS <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. The <br />DRMS letter identifies four approaches to satisfy this requirement. <br /> <br />In accordance with approach nos. 1 and 3, you have indicated that a bond has been <br />obtained for $1,114,000.00.00 through the DRMS for lining of this site to assure that <br />depletions from groundwater evaporation do not occur in the unforeseen event, or events, <br />that would lead to the abandonment of the Pit. <br /> <br />18. All releases of replacement water must be sufficient to cover all out of priority depletions and <br />be made under the direction and/or approval of the water commissioner (including the <br />proposed aggregated replacement for winter depletions). <br />19. The approval of this SWSP does not relieve the Applicant and/or landowner of the requirement <br />to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to <br />ensure the permanent replacement of all depletions, including long-term evaporation losses and <br />lagged depletions after gravel mining operations have ceased. If reclamation of the mine site <br />will produce a permanent water surface exposing groundwater to evaporation, an application <br />for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) <br />years prior to the completion of mining to include, but not be limited to, long-term evaporation <br />losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. <br />20. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at any <br />time the State Engineer determines that injury to other vested water rights has occurred or will <br />occur as a result of the operation of this SWSP. Should this SWSP expire without renewal or be <br />revoked prior to adjudication of a permanent plan for augmentation, all excavation of the <br />product from below the water table, and all other use of water at the pit, must cease <br />immediately. <br />21. In accordance with amendments to Section §25-8-202-(7), C.R.S. and “Senate Bill 89-181 Rules and <br />Regulations” adopted on February 4, 1992, the State Engineer shall determine if this substitute <br />water supply plan is of a quality to meet requirements of use to which the senior appropriation <br />receiving the substitute supply has normally been put. As such, water quality data or analyses may <br />be requested at any time to determine if the requirement of use of the senior appropriator is met. <br />22. The decision of the State Engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any water court case or any <br />other legal action that may be initiated concerning the SWSP. This decision shall not bind the <br />State Engineer to act in a similar manner in any other applications involving other plans or in any