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Richard Raines <br />December 11, 2008 <br />Page 4 <br />landowner of the requirement to obtain a water court decree approving a permanent plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, including <br />long-term evaporation losses and lagged depletions after gravel mining has ceased. If <br />reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water <br />Court at least three (3) years prior to the completion of mining to include, but not be limited to, <br />long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Granting of this plan <br />does not imply approval by this office of any such court application(s). <br />15. To assure that depletions from groundwater evaporation do not occur in the unforeseen <br />event, or events, that would lead to the abandonment of the pit, a bond for $292,100.00 <br />through DRMS for lining or backfilling of the pit has been obtained. Therefore, in case of <br />abandonment the bond can finance the completion of the lining of the pit or the backfilling, <br />thus preventing depletions to the stream system. <br />16. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As such, <br />water quality data or analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <br />17. The decision of the state engineer shall have no precedential or evidentiary force, shall not <br />create any presumptions, shift the burden of proof, or serve as a defense in any pending water <br />court case or any other legal action that may be initiated concerning this plan. This decision <br />shall not bind the state engineer to act in a similar manner in any other applications involving <br />other plans, or in any proposed renewal of this plan, and shall not imply concurrence with any <br />findings of fact or conclusions of law contained herein, or with the engineering methodologies <br />used by the Applicant. <br />Please contact loana Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at (970) <br />352-8712, if you have any questions concerning this approval. <br />Sincerely, <br />i <br />Jeff Deatherage, P.E. <br />Water Resource Engineer <br />Attachment: Table 3 <br />City of Loveland Lease <br />cc: Dave Nettles, Assistant Division Engineer (810 9th Street, Ste. 200, Greeley, CO 80631 <br />(970) 352-8712) <br />Fred Renner, Water Commissioner, District 4 (418 W. 12th Street, Loveland, CO 80537, (970) <br />622-0294) <br />Division of Reclamation Mining and Safety <br />JD/IDC-Kauffman Pit-M78-327