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Cheryl Signs, P.E. <br />Kurtz Pit, DRMS-1999-006 <br />Page 5 <br />dewatering at the site ceases. This information must be accepted by this office prior to <br />claiming any credit for the native vegetation. <br />7. Approval of this plan is for the purposes as stated herein. This office must fast approve any additional <br />uses for the water. Any future additional historic consumptive use credit given (e.g., agricultural water <br />transfer) for this site must consider all previous credits given. <br />6. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br />9. The replacement water that is the subject of this. plan cannot be sold or leased to any other entity. As <br />a condition of subsequent renewals of this substitute water supply plan, the replacement water must <br />be appurtenant to this site until a plan for augmentation is obtained. All replacement water must be <br />concurrent with depletions in quantity, timing, and locations. <br />10. Adequate accounting of depletions and replacements must be provided to the division engineer in <br />Greeley (Div1Accountin-QOstate.co.us) and the water commissioner (Shera SumerFord at <br />Shera.SumerfordO-state.co.us) on a monthly basis or other interval acceptable to both of them. <br />The accounting form provided with your application is subject to modification and approval by the <br />division engineer. All amounts shall be in acre-feet. <br />In addition, the Applicant shall submit a report from the entity making replacements; for this plan, <br />that entity is the Varra Companies, Inc. ("VCI"). The report shall include an accounting of all of the <br />Rural Ditch water and junior water right water controlled by VCI, showing the total volume of water <br />under its control and the amount committed to each of the recipients of the water. <br />11. The name, mailing address, and phone number of the contact person who will be responsible for <br />operation and accounting of this plan must be provided on the accounting forms to the division <br />engineer and water commissioner. <br />12. If reclamation of the mine site will produce a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court <br />at least three years prior to the completion of mining to include, but not be limited to, long-term <br />evaporation losses and tagged depletions. If a lined pond results after reclamation, replacement of <br />lagged 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 />13. Dewatering at this site will produce delayed depletions to the stream system. As tong as the pit is <br />continuously dewatered, the water retumed to the stream system should be adequate to offset the <br />depletions attributable to the dewatering operation. If dewatering at the site ceases, the delayed <br />depletions must be addressed. At least three years prior to completion of dewatering, a plan must <br />be submitted that specifies how the post pumping dewatering depletions (including refilling of the <br />pit) will be replaced, in time, place and amount. <br />14. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division <br />of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must <br />comply 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 />requires that you provide information to DRMS to demonstrate you can replace long term <br />injurious stream depletions that result from mining related exposure of ground water. The <br />DRMS letter identifies flour approaches to satisfy this requirement. If the information you <br />are providing to DRMS is included under the approaches numbered 1 - 3, a copy of that <br />iii#orrra#iva: reeds to also be provided to this office (the nivision of Water Resources).