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2025 Speer Mining Resources SWSP Page 2 of 9 <br /> January 23, 2025 <br /> ceased in 2010, and the pit has been allowed to fill with alluvial groundwater. The plan was <br /> to dewater the pond and place a clay liner around the perimeter of the remaining <br /> groundwater pond. In 2023, the Applicant continued to backfill the portion of the pond <br /> located on Applicant's property to the current size of approximately 1.8 acres. However, <br /> according to the information provided in the SWSP request, the Applicant was not able to <br /> access and complete the clay liner pond on the adjacent property due to current litigation <br /> between the landowner and the Applicant. Since the Applicant does not have a legal right to <br /> enter and finish construction of the clay liner on the adjacent property, the Applicant is <br /> requesting the renewal of this SWSP for 2025 while a decision by the Court is pending. <br /> Until the site is completely backfilled or a liner is in place, and all lagged depletions have <br /> been replaced, an SWSP is needed to replace depletions resulting from the exposure of <br /> groundwater. Approval of this SWSP does not relieve the Applicant and/or landowner of <br /> the requirement to backfill the site, line the site, or obtain a Water Court decree <br /> approving a permanent plan for augmentation to ensure the permanent replacement of <br /> all depletions, including long-term evaporation losses and lagged depletions after gravel <br /> mining operations have ceased. Due to the current litigation and in response to the <br /> letter dated December 16, 2024 from Jonathan G. Pray on behalf of the applicant, the <br /> deadline to file an application for a plan for augmentation with the Water Court or show <br /> progress in backfilling or lining the pond is extended to December 31, 2025. Approval of <br /> this plan does not imply approval by this office of any related litigation. By that date, the <br /> Applicant or its successor in ownership must have either filed an application with the <br /> Water Court for a court-approved augmentation plan, commenced backfilling, or <br /> commenced lining of the site. <br /> In accordance with the letter dated April 30, 2010 from the Colorado Division of <br /> Reclamation, Mining, and Safety (DRMS), all sand and gravel mining operators must comply <br /> 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 /> attached, requires that the Applicant provide information to DRMS to demonstrate the <br /> Applicant can replace long-term injurious stream depletions that result from mining related <br />