2011-02-15_HYDROLOGY - M1985112

• Permit No: M1985112
• IBM Index Class Name: HYDROLOGY
• Doc Date: 2/15/2011
• Doc Name: 2011 Substitute Water Supply Plan
• From: OSE
• To: Applegate Group, Inc.
• Permit Index Doc Type: Hydrology Report
• Email Name: MAC
• Media Type: D
• Archive: No

Mr. Jared Dains, E.I.
February 9, 2011
Page 5 of 6
owner (recorded at least monthly) and submitted to the division engineer and water
commissioner as required by the terms of this plan.
12. If reclamation of the mine site produces a permanent water surface exposing
groundwater to evaporation, an application for a plan for augmentation must be filed with
the Division 1 Water Court at least three (3) years prior to the completion of mining to
include, but not be limited to, long-term evaporation losses. If a lined pond results after
reclamation, replacement of lagged depletions shall continue until there is no longer an
effect on stream flow. Granting of this plan does not imply approval by this office of any
such court application(s).
13. Dewatering is not expected to occur at this site during the SWSP approval period.
However, in the event that dewatering will occur at the site during the SWSP approval
period, note that as long as the pits are continuously dewatered, the water returned to
the stream system should be adequate to offset the depletions. Once dewatering at this
site ceases, the river will experience a net depletion as the pit gradually fills. At least
three years prior to completion of dewatering, a plan must be submitted that specifies
how the post pumping dewatering depletions (including refilling the pit) will be replaced,
in time, place and amount.
14. 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 requires that you provide
information to DRMS to demonstrate you can replace long term injurious stream
depletions that result from mining related exposure of ground water. The DRMS
letter identifies four approaches to satisfy this requirement. If the information you
are providing to DRMS is included under the approaches numbered 1 - 3, a copy
of that information needs to also be provided to this office (the Division of Water
Resources).
If the information you are providing to DRMS is pursuant to approach no. 4, you
will need to provide additional documentation to this office that specifies what
water rights or other permanent water source will be dedicated to the SWSP to
assure that all permanent depletions from either an unforeseen abandonment of
the site by the Applicant or as a result of long term ground water exposure after
completion of mining and reclamation will be replaced so as to prevent injury to
other.water rights.
This information must be provided to this office by April 30, 2011. If the requested
information is not provided to the Division of Water Resources, any future SWSP
may limit the mining operation so that additional ground water cannot be
exposed, beyond that specified in this SWSP.
15. This SWSP may be revoked or modified at any time should it be determined that injury
to other vested water rights has or will occur as a result of this SWSP. Should this
SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for
augmentation, all use of ground water must cease immediately.
16. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules
and Regulations" adopted on February 4, 1992, the State Engineer shall determine
whether the substitute supply is of a quality to meet requirements of use to senior