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David M. Heintz S &t H Mine SWSP <br /> February 16, 2023 <br /> Page 7 of 11 <br /> Any use of any such excess replacement credits must continue to be directly related to the <br /> mining of sand and gravel. <br /> Long Term Augmentation Requirements <br /> In accordance with the letter dated April 30, 2010 from the Colorado Division of Reclamation, <br /> Mining, and Safety ("DRMS"), all sand and gravel mining operators were required to <br /> demonstrate to DRMS how they were in compliance with the requirements of the Colorado <br /> Reclamation Act and the Mineral Rules and Regulations for the protection of water resources <br /> by April 30, 2011. The operator's response to the DRMS letter has not been provided to this <br /> office. The final reclamation of the pit includes backfilling or lining of all exposed <br /> groundwater within the permit boundary. The operator currently has a bond through DRMS in <br /> the amount of $4,800,000 to cover reclamation cost. Such a bond must be maintained until <br /> the Division Engineer's office approves a liner for the exposed surface area as meeting the <br /> gravel pit lining criteria, or the exposed surface area must be backfilled. <br /> Conditions of Approval <br /> I approve the proposed SWSP in accordance with Section 37-90-137(11), C.R.S., subject to the <br /> following conditions: <br /> 1. This SWSP shall be valid for the period of October 1, 2022 through September 30, <br /> 2023, unless otherwise revoked or superseded by decree. If this plan will not be made <br /> absolute by a water court action by the plan's expiration date, a renewal request must <br /> be submitted to this office with the statutory fee (currently $257) by August 1, 2023. <br /> If a renewal request is received after the expiration date of this plan, it will be <br /> considered a request for a new SWSP and the $1593 filing fee will apply. <br /> 2. Well permit, no. 65464-F was obtained for the current use and exposed pond surface <br /> area of the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. and this <br /> permit remains valid. <br /> 3. The total surface area of the groundwater exposed at the S&tH Mine must not exceed <br /> 13.36 acres during the approval period of this SWSP, resulting in an annual evaporative <br /> loss of 36.60 acre-feet. <br /> 4. The annual water used for dust control at the SFIG Mine site shall not exceed 9.99 <br /> acre-feet and the total product mined at the SFIG Mine site shall not exceed 680,800 <br /> tons during the SWSP period, which results in 10.02 acre-feet of water lost with the <br /> mined aggregate. <br /> 5. Total consumption at the S&tH Mine must not exceed the aforementioned amounts <br /> unless an amendment is made to this plan. <br /> 6. All pumping for dust control and gravel washing shall be measured in a manner <br /> acceptable to the division engineer. <br />