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Bernhardt Pit SWSP Page 3 of 5 <br /> October 27, 2021 <br /> Replacements <br /> The proposed source of replacement for the Bernhardt pit is 14.56 acre-feet of leased water from <br /> the GMS of the CCWCD. The replacements will be delivered from the Bernhardt Water Reservoir <br /> (WDID 0403395) and will accrue to the Big Thompson River in the same location that the lagged <br /> depletions from the Bernhardt Pit impacts the river, therefore, no river conveyance losses will be <br /> assessed. A copy of the Lease Agreement is attached to this letter. A monthly breakdown of <br /> depletions and replacements is shown in the attached Tables 3 and 4, respectively. <br /> Long-Term Augmentation <br /> 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 <br /> the 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 you provide <br /> information to DRMS to demonstrate you can replace long term injurious stream depletions that <br /> result from mining related exposure of groundwater. <br /> For any gravel pit whose reclamation includes lining or backfilling of the pit, bonds must be <br /> posted that can be used to complete the reclamation plan should the operator walk away from the <br /> site. A bond for $1,858,965.73 has been obtained by Bestway through the Division of Reclamation, <br /> Mining, and Safety ("DRMS") to assure that depletions from groundwater evaporation do not occur <br /> in the unforeseen event, or events, which would lead to the abandonment of the Pit (approach <br /> #3). <br /> Conditions of Approval <br /> I hereby approve the proposed substitute water supply plan in accordance with section <br /> 37-90-137(11), C.R.S., subject to the following conditions: <br /> 1. This SWSP shall be valid for the period of January 1, 2022 through December 31, 2022, <br /> unless otherwise revoked, or superseded by decree. If this plan will not be made absolute <br /> by a water court action by the plan's expiration date, a renewal request must be <br /> submitted to this office with the statutory fee (currently $257), with all necessary leases <br /> and other supporting documentation, no later than November 1. 2022. If a renewal <br /> request is received after the expiration date of this plan, it may be considered a request <br /> for a new SWSP and the $1,593 filing fee will apply. <br /> 2. Well permit no. 65812-F was obtained for the current use and exposed pond surface area <br /> of the Bernhardt Pit in accordance with section 37-90-137(2) and (11), C.R.S. <br /> 3. The total surface area of the groundwater exposed at the site must not exceed 4.3 acres <br /> during the approval period of this SWSP, which results in a maximum annual evaporative <br /> loss at the Bernhardt Pit of 12.39 acre-feet. <br /> 4. The annual amount of water used for dust control at the Bernhardt Pit shall not exceed <br /> 2.16 acre-feet. All pumping for dust control shall be measured in a manner acceptable to <br /> the Division Engineer. <br /> 5. The Applicant is not proposing to use well permit no. 60729-F for concrete batching during <br /> the period of this SWSP. However, in the event that the Applicant will use well no. 60729-F <br />