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Chavers Mining Resources Substitute Water Supply Plan Page 6 of 7 <br /> July 1, 2021 <br /> when any intervening headgate is diverting the entire flow of ("sweeping") the river. In the event <br /> that delivery past headgates which sweep the river requires the installation of a bypass structure or <br /> the use of an existing bypass structure by agreement with a third-party, Applicant is responsible for <br /> either installing a new bypass structure with a continuous recording measuring device(s) as approved <br /> by the Water Commissioner or securing an agreement with a third-party to use an existing bypass <br /> structure and providing such information and agreement to the Division Engineer. <br /> 13. The State Engineer will not be responsible for any enforcement or administration of third party <br /> agreements that are not included in a decree of the water court. <br /> 14. The name, mailing address, and phone number of the contact person who will be responsible for <br /> operation and accounting of this plan must be provided on the accounting forms to the Division <br /> Engineer and Water Commissioner. <br /> 15. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is <br /> continuously dewatered at a relatively constant rate, the water returned to the stream system <br /> should be adequate to offset the depletions attributable to the dewatering operation. Dewatering <br /> operations must be measured by totalizing flow meters that can accurately show the monthly <br /> volume of dewatered water that is pumped and returns to the stream. If dewatering at the site <br /> ceases, or is significantly reduced, the monthly meter readings will be used to determine post <br /> pumping depletions that must be replaced. At least three years prior to completion of <br /> dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions <br /> (including refilling of the pit) will be replaced, in time, place and amount. Should it be <br /> determined by the Water Commissioner or Division Engineer that dewatering water is being <br /> diverted for any purpose by the operator and accounting is not adequate to show that 100 <br /> percent of the dewatering water is returned back to the South Platte River, the Applicant will <br /> need to account for any lagged dewatering depletions at the site. In addition, if it is determined <br /> by the Water Commissioner or Division Engineer that the pit is not continuously dewatered at a <br /> relatively constant rate then the Applicant must track depletions and dewatering return flows in <br /> their accounting and replace any dewatering depletions that are not offset by dewatering return <br /> flows. <br /> 16. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of <br /> Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the <br /> requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the <br /> protection of water resources. The April 30, 2010 letter from DRMS requires that the Applicant <br /> provide information to DRMS to demonstrate they can replace long term injurious stream depletions <br /> that result from mining related exposure of ground water. The DRMS letter identifies four approaches <br /> to satisfy this requirement. <br /> In accordance with approach nos. 1 and 3, the Applicant has indicated that a bond has been obtained <br /> for $1,233,955.00 through the DRMS for lining of this site to assure that depletions from groundwater <br /> evaporation do not occur in the unforeseen event, or events that would lead to the abandonment of <br /> the Pit. <br /> 17. All releases of replacement water must be sufficient to cover all out of priority depletions and be <br /> made under the direction and/or approval of the Water Commissioner (including the proposed <br /> aggregated replacement for winter depletions). <br /> 18. The approval of this SWSP does not relieve the Applicant and/or landowner of the requirement to <br /> obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the <br /> permanent replacement of all depletions, including long-term evaporation losses and lagged <br />