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Jeffrey A. Clark <br /> January 13, 2021 <br /> Page 5 of 6 <br /> 11. Dewatering at this site will produce delayed depletions to the stream system. As long as the <br /> pit is continuously dewatered, the water returned to the stream system should be adequate <br /> to offset the depletions. However, once dewatering at the site ceases, the delayed <br /> depletions must be addressed. At least three years prior to completion of dewatering at the <br /> Parkdale Pit, a plan must be submitted that specifies how the post pumping dewatering <br /> depletions (including refilling of the pit) will be replaced, in time, place and amount. <br /> 12.In accordance with the letter dated April 30, 2010 from the Colorado Division of <br /> Reclamation, Mining, and Safety ("DRMS"), mining operators must comply with the <br /> requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for <br /> the protection of water resources. The April 30, 2010 letter from DRMS requires that <br /> you provide information to DRMS to demonstrate you can replace long term injurious <br /> stream depletions that result from mining-related exposure of groundwater. <br /> In accordance with approach nos. 1 and 3, you have indicated that a bond has been <br /> obtained for $1,145,736 through DRMS to assure that depletions from groundwater <br /> evaporation do not occur in the unforeseen event, or events, which would lead to the <br /> abandonment of the Pit. In addition, Martin Marietta Materials owns and has dedicated <br /> five shares of Twin Lakes Reservoir and Canal Company to cover these potential <br /> long-term depletions. Martin Marietta Materials must continue to commit those shares to <br /> this plan until such time as the State Engineer authorizes the release of this <br /> commitment. <br /> 13. The State Engineer may revoke this SWSP or add additional restrictions to its operation if at <br /> any time the State Engineer determines that injury to other vested water rights has <br /> occurred or will occur as a result of the operation of this SWSP. Should this SWSP expire <br /> without renewal or be revoked prior to adjudication of a permanent plan for augmentation, <br /> all use of water under this SWSP must cease immediately and the Applicant shall obtain and <br /> present to this office an alternate source of replacement water. <br /> 14. In accordance with amendments to Section 25-8-202-(7), C.R.S. and "Senate Bill 89-181 <br /> Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine <br /> whether or not the substitute supply is of a quality to meet requirements of use to senior <br /> appropriators. As such, water quality data or analysis may be requested at any time to <br /> determine if the water quality is appropriate for downstream water users. <br /> 15. The decision of the State Engineer shall have no precedential or evidentiary force, shall not <br /> create any presumptions, shift the burden of proof, or serve as a defense in any pending <br /> water court case or any other legal action that may be initiated concerning this SWSP. This <br /> decision shall not bind the State Engineer to act in a similar manner in any other <br /> applications involving other SWSPs, or in any proposed renewal of this SWSP, and shall not <br /> imply concurrence with any findings of fact or conclusions of law contained herein, or with <br /> the engineering methodologies used by the Applicant. <br />