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Journey Ventures Pit SWSP Page 3 of 5 <br /> May 18, 2023 <br /> times when the Ogilvy is diverting the entire flow of the Cache la Poudre River. Alternatively CCWCD will <br /> release water for the Nissen Pit, located along the lower South Platte just upstream of the confluence with <br /> the Poudre River. Central must include in their accounting the amount of water delivered through Central's <br /> bypass structure for use in this plan. <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 the <br /> requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of <br /> water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to <br /> demonstrate you can replace long term injurious stream depletions that result from mining related exposure <br /> of groundwater. The DRMS letter identifies four approaches to satisfy this requirement. <br /> In accordance with approach nos. 1 and 3, of the DRMS April 30, 2010 letter the Applicant obtained a bond <br /> for $487,550 through the DRMS for the current mining phases; TR3; and 1, 2, 3 and 4 of this site to assure <br /> that depletions from groundwater evaporation do not occur in the unforeseen event, or events, that would <br /> lead to the abandonment of the Pit. <br /> Conditions of Approval <br /> I hereby approve the proposed SWSP in accordance with § 37-90-137(11), C.R.S. subject to the <br /> following conditions: <br /> 1. This SWSP is approved with the effective date of April 1, 2023 and shall be valid through March 31, <br /> 2024 unless otherwise revoked or superseded by a decree. If this plan is not decreed in water court <br /> by the SWSP expiration date, a renewal request must be submitted to this office with the statutory <br /> fee of $257 no later than February 1, 2024. <br /> 2. Well permit no. 79057-F was obtained for the current use and exposed pond surface area at the <br /> Journey Venture Pit, in accordance with § 37-90-137(2) and (11), C.R.S., and this permit remains <br /> valid. <br /> 3. The total surface area of the water exposed from precipitation at the Journey Ventures site must <br /> not exceed 1.653 acres within the boundaries of the slurry wall, which results in a maximum annual <br /> evaporative loss of 5.29 acre-feet. <br /> 4. The annual amount of water used at the Journey Ventures Pit, in addition to evaporation, is limited <br /> to 6.25 acre-feet for dust control. All water pumped for dust control must be pumped from within <br /> the boundaries of the settling pond. <br /> 5. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br /> 6. Total consumption at the Journey Ventures Pit must not exceed these aforementioned amounts <br /> unless an amendment is made to this SWSP. <br /> 7. Approval of this SWSP is for the purposes as stated herein. This office must first approve any <br /> additional uses for the water. Any future historical consumptive use credit given (e.g., agricultural <br /> water transfer) for this site must consider all previous credits given. <br /> 8. The replacement water that is the subject of this SWSP cannot be sold or leased to any other entity. <br /> As a condition of subsequent renewals of this SWSP, the replacement water must be appurtenant to <br /> this site until a plan for augmentation is obtained. All replacement water must be concurrent with <br /> depletions in quantity, timing, and locations. <br /> 9. The Applicant shall provide daily accounting (including, but not limited to diversions, depletions, <br /> replacement sources, and river calls) on a monthly basis. The accounting must be uploaded to the <br />