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Ms. Cristyn R. Radabaugh <br />Green/Croissant Pit, M-2001-022 <br />January 10, 2011 <br />Page 5 of 6 <br />dewatering at the site ceases, the delayed depletions must be addressed. Accordingly, <br />dewatering is required to continue during the term of this approval. At least three years <br />prior to completion of dewatering, a plan must be submitted that specifies how the post <br />pumping dewatering depletions (including refilling of the pit) will be replaced, in time, <br />place and amount. <br />14. In accordance with the letter dated April 30, 2010 (copy attached) from the <br />Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and <br />gravel mining operators must comply with the requirements of the Colorado <br />Reclamation Act and the Mineral Rules and Regulations for the protection of water - <br />resources. The April 30, 2010 letter from DRMS requires that you provide <br />information to DRMS to demonstrate you can replace long term injurious stream <br />depletions that result from mining related exposure of ground water. The DRMS <br />letter identifies four approaches to satisfy this requirement. Since an application <br />for-approvat-of a -permanent- plan- for-augmentation-was- filed--in-case_no._09CW10-5 -- - -- - <br />the DRMS letter's approach no. 2 is satisfied. Additionally, according to the SWSP <br />request, up to 96 acre-feet of water is available through a lease with the City of <br />Loveland to replace depletions from ground water evaporation in the event of <br />abandonment of the Pit. Also, in accordance with approach nos. 1 and 3, you <br />have indicated that a bond has been obtained for $350,400 through the Division of <br />Reclamation, Mining, and Safety ("DRMS") to assure that depletions from <br />groundwater evaporation do not occur in the unforeseen event, or events, that <br />would lead to the abandonment of the Pit. <br />15. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />plan. Should this substitute water supply plan expire without renewal or be revoked prior <br />to adjudication of a permanent plan for augmentation, all excavation of product from <br />below the water table and all other use of water at the pit must cease immediately. <br />16. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules <br />and Regulations adopted on February 4, 1992, the State Engineer shall determine if the <br />substitute supply is of a quality to meet requirements of use to which the senior <br />appropriation receiving the substituted supply has normally been put. As such, water <br />quality data or analyses may be requested at any time to determine if the requirements <br />of use of the senior appropriator are met. <br />17. The decision of the state engineer shall have no precedential or evidentiary force, shall <br />not create any presumptions, shift the burden of proof, or serve as a defense in any <br />pending water court case or any other legal action that may be initiated concerning this <br />plan. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other plans, or in any proposed renewal of this plan, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant.