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M-2002-120 Bernhardt SWSP Approval Page 3 of 6 November 29, 2023 accurately show the monthly volume of dewatered water that is pumped and returns to the stream. 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. In addition, if it is determined by the Water Commissioner or Division Engineer that the pits are not continuously dewatered at a relatively constant rate then the Applicant must track depletions and dewatering return flows in their accounting and replace any dewatering depletions that are not offset by dewatering return flows. Replacements The proposed source of replacement for the Bernhardt pit is 16.41 acre-feet of leased water from the Ground Water Management Subdistrict (GMS) of the Central Colorado Water Conservancy District (CCWCD). The replacements will be delivered from the Bernhardt Reservoir (WDID 0403395 decreed in case no. 02CW269) and will accrue to the Big Thompson River in the same location that the lagged depletions from the Bernhardt Pit impacts the river, therefore, no river conveyance losses will be assessed. A copy of the Lease Agreement is attached to this letter. A monthly breakdown of depletions and replacements is shown in the attached Tables 3 and 4, respectively. Long-Term Augmentation 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, attached, requires that the Applicant provide information to DRMS to demonstrate the ability to replace long term injurious stream depletions that result from mining related exposure of groundwater. For any gravel pit whose reclamation includes lining or backfilling of the pit, bonds must be posted that can be used to complete the reclamation plan should the operator walk away from the site. A bond for $2,557,225 has been obtained by Bestway through the Division of Reclamation, Mining, and Safety ("DRMS") to assure that depletions from groundwater evaporation do not occur in the unforeseen event, or events, which would lead to the abandonment of the Pit (approach #3). Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with section 37-90-137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of January 1, 2024 through December 31, 2024, unless otherwise revoked, or superseded by decree. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257), with all necessary leases and other supporting documentation, no later than November 1, 2024. If a renewal request is received after the expiration date of this plan, it may be considered a request for a new SWSP and the $1,593 filing fee will apply. 2. Approval of this plan is for the purposes as stated herein. Additional wells and/or additional uses for the water that is the subject of this SWSP will be allowed only if a new SWSP is approved for those additional wells/uses. 3. The total surface area of the groundwater exposed at the site must not exceed 4.98 acres during the approval period of this SWSP, which results in a maximum annual evaporative loss of 14.34 acre-feet from the Bernhardt Pit.