2023-02-16_HYDROLOGY - M2000158 - Laserfiche WebLink

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David M. Heintz S &t H Mine SWSP February 16, 2023 Page 9 of 11 13. In order to prevent injury to other water rights, the division engineer and water commissioner must be able to administer Applicants' replacement water past headgates on the river at times when those headgates would otherwise be legally entitled to divert all available flow in or "sweep" Saint Vrain Creek or its tributaries. Applicant shall not receive credit for replacement of depletions to Saint Vrain Creek below such diversion structures unless bypass and measurement structures are in place to allow the division engineer and water commissioner to confirm that Applicant's replacement water is delivered past the headgates. In the event that delivery past dry-up points requires the use of a structure for which a carriage or use agreement with a third party is required, Applicant shall be responsible for securing such agreement. Until such time as the Applicant provides a copy of the carriage or use agreement to the division engineer and water commissioner, no credit will be allowed for replacement of depletions to Saint Wain Creek below such diversion structure. 14. The Division of Water Resources will not be responsible for any enforcement or administration of third party agreements that are not included in a decree of the water court. 15. The name, address, and phone number of a contact person who will be responsible for the operation and accounting of this plan must be provided on the accounting forms to the Division Engineer and Water Commissioner. 16.Dewatering at this site will continue within the slurry wall prior to mining activities. Dewaterine operations must be measured by totalizing flow meters that can accurately show the monthly volume of dewatered water that is pumped and returned to the stream. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount. Should it be determined by the water commissioner or division engineer that dewatering water is being diverted for any purpose by the operator and accounting is not adequate to show that 100 percent of the dewatering water is returned back to the South Platte River, the Applicant will need to account for any lagged dewatering depletions at the site. 17. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The DRMS letter identifies four approaches to satisfy this requirement. In accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained for $686,900 through the DRMS for lining of this site to assure that depletions from groundwater evaporation do not occur in the unforeseen event, or events, that would lead to the abandonment of the Pit.