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Nix Gravel Pit SWSP <br /> August 30, 2023 <br /> Page 6 of 8 <br /> 13. The Division of Water Resources will not be responsible for any enforcement or administration <br /> of third party agreements that are not included in a decree of the water court. <br /> 14. The name, mailing address, and phone number of the contact person who will be responsible <br /> for operation and accounting of this plan must be provided on the accounting forms to the <br /> division engineer and water commissioner. <br /> 15. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division <br /> of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must <br /> comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and <br /> Regulations for the protection of water resources. The April 30, 2010 letter from DRMS <br /> requires that you provide information to DRMS to demonstrate you can replace long term <br /> injurious stream depletions that result from mining related exposure of groundwater. The <br /> DRMS letter identifies four approaches to satisfy this requirement. <br /> In accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained <br /> for $6,964,000.00 through the DRMS for lining or backfilling of this site to assure that <br /> depletions from groundwater evaporation do not occur in the unforeseen event, or events that <br /> would lead to the abandonment of the Pit. <br /> 16. Dewatering operations at this site (freshwater and overflow ponds) must be separately <br /> measured by totalizing flow meters that can accurately show the monthly volume of <br /> dewatered water that is pumped from the freshwater pond and discharge to the overflow pond <br /> and from the overflow pond and discharged to the fresh water pond. In addition the quantity <br /> of water discharged to the recharge pond must be measured by totalizing flow meter and be <br /> tracked separately from the water discharged to the freshwater and overflow ponds, and <br /> lagged back to the stream. The Applicant shall account for the lagged depletions from <br /> dewatering and the accretions from the recharge to determine the actual depletions or <br /> accretions to the stream from dewatering, and replace any unreplaced depletions. The total <br /> amount pumped monthly for dewatering purposes and from the recharge must be reported on <br /> the submitted monthly accounting. <br /> 17. Should it be determined by the water commissioner or division engineer that water within the <br /> recharge pond is being diverted for any purpose by the operator and accounting is not <br /> adequate to show the recharge of dewatering is occurring the Applicant will need to account <br /> for any lagged dewatering depletions at the site. <br /> 18. The Applicant indicated that the dewatering of the site is discontinued once the freshwater <br /> and overflow ponds are completed, therefore those ponds would fill creating additional <br /> depletions to the stream system due to increased evaporation. To assure that additional <br /> depletions to the river do not occur, the SWSP accounts for the first fill of these ponds and <br /> replacing the 204.37 acre-feet of first fill depletions to the stream system. <br /> 19. All releases of replacement water must be sufficient to cover all out of priority depletions in <br /> time, location, and amount, and must be made under the direction and/or approval of the <br /> water commissioner (including the proposed aggregated replacement for winter depletions). <br /> 20. The Applicant must replace all out-of-priority depletions resulting from operation under this <br /> SWSP, including those lagged depletions that occur to the stream after the expiration date of <br /> this SWSP. <br />