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�, l BIRISS <br /> May 28, 2020 <br /> � e 4 of <br /> In accordance with approach nos. 1 and 3, a bond for $115,000 has been obtained through DRMS. It <br /> is our understanding that this may be used for backfilling of the sediment pond and water basin, <br /> but is not adequate for backfilling of the Phase 2 mining pit. Therefore, in accordance with <br /> approach no. 4, you have indicated that the mineral lease between the Applicant and the <br /> landowner provides for the Applicant's use of the Lester-Attebery water rights in connection with <br /> the mining operation. You have indicated that the Applicant intends to fully utilize the <br /> Lester-Attebery Ditch rights as the sole replacement supply for a long-term augmentation plan for <br /> the Grisenti Pit. For the purposes of this SWSP, the lease agreement will be accepted for the <br /> dedication of the subject water rights; however, if the State Engineer determines that a different <br /> dedication process is necessary to assure proper dedication of water rights, additional information <br /> may be required prior to future SWSP approvals. <br /> CONDITIONS OF APPROVAL <br /> This SWSP is hereby approved pursuant to § 37-90-137(11), C.R.S., subject to the following <br /> conditions: <br /> 1. This plan shall be valid for the period of April 20, 2020 through March 31, 2022, unless <br /> otherwise revoked or superseded by decree. If this plan will not be made absolute by a <br /> water court action by the plan's expiration date, a renewal request must be submitted to <br /> this office with the statutory fee of $257 no later than February 1, 2022. <br /> 2. Approval of this SWSP supersedes the prior SWSP that was issued for the period of February <br /> 1, 2019 through January 31, 2021. The prior SWSP has no further force or effect. <br /> 3. The total surface area of the groundwater exposed after December 31, 1980 shall not <br /> exceed 51.1 acres for the period of this SWSP. <br /> 4. The annual volume of groundwater used for dust control shall not exceed 3.5 acre-feet. <br /> 5. The lagged depletions associated with this mining operation must not exceed 367.73 <br /> acre-feet during the period April 20, 2020 - March 31, 2021 and 214.34 acre-feet during the <br /> period April 1, 2021 - March 31, 2022. Documentation of pond size may be required by the <br /> Division Engineer in the form of an aerial photo evaluation or survey by a Professional Land <br /> Surveyor during the term of this plan. <br /> 6. Total consumption at the Grisenti Farms Pit must not exceed the aforementioned amounts, <br /> unless a new SWSP allowing such is approved by this office. <br /> 7. Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br /> must first be approved by this office in a new SWSP. Any future additional historical <br /> consumptive use credit given (e.g., agricultural water transfer) for this site must consider <br /> all previous credits given. <br /> 8. Releases of water by Pueblo Board of Water Works pursuant to this plan shall be coordinated <br /> with the Water Commissioner and the Augmentation Coordinator and shall equal or exceed <br /> the depletions to be replaced on a monthly basis. <br />