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M-2002-120 Bernhardt SWSP Approval Page 4 of 6 November 29, 2023 4. The annual amount of water used for dust control shall not exceed 2.16 acre-feet at the Bernhardt Pit. All pumping for dust control shall be measured in a manner acceptable to the Division Engineer. 5. Dewatering of Ponds 3 and 4 will produce delayed depletions to the stream system, due to the liner of these ponds being damaged. As long as the pits are continuously dewatered at a relatively constant rate, the water returned to the stream system should be adequate to offset the depletions attributable to the dewatering operation. Dewatering operations must be measured by totalizing flow meters that can accurately show the monthly volume of dewatered water that is pumped and returns to the stream. If dewatering at the site ceases, or is significantly reduced, the monthly meter readings will be used to determine post pumping depletions that must be replaced. 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. 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. 6. Total consumption must not exceed the aforementioned amounts at the Bernhardt Pit unless an amendment is made to this plan. 7. All diversions shall be measured in a manner acceptable to the Division Engineer. The Applicant shall install and maintain such measuring devices as required by the Division Engineer for operation of this SWSP. 8. Well permit no. 65812-F was obtained for the current use and exposed pond surface area of the Bernhardt Pit in accordance with section 37-90-137(2) and (11), C.R.S., and this permit remains valid. The Applicant is not proposing to use the alluvial well, permit no. 60729-F, for concrete batching during the period of this SWSP. However, in the event that the Applicant will use well no. 60729-F for concrete batching in the future, we note that a totalizing flow meter is installed on the well and the meter is currently in compliance with the South Platte Well Measurement Rules. 9. Water shall not be impounded in the slurry wall reservoirs except pursuant to lawful diversions allowed by statute or decree. At all other times, all inflow of water into the reservoirs from any source, including precipitation and groundwater inflows, shall be removed by the Applicant. The water may be removed from within the lined area and returned to the stream system without need for replacement, so long as the operator does not put the water to beneficial use. 10. Replacement water must be made available to replace all out-of-priority depletions in time, place, and amount and must be made available under the direction and/or approval of the water commissioner. The replacement water may be aggregated to maximize beneficial use. The Water Commissioner and/or Division Engineer shall determine the rate and timing of an aggregated release. 11. Conveyance loss for delivery of replacement water is subject to assessment and modification as determined by the Division Engineer.