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Ms. Kim Frick <br />October 18, 2011 <br />Page 5 <br />If you have any questions concerning this approval, please contact Joanna Williams in <br />Denver at (303) 866 -3581 or Claudia Engelmann in Greeley at (970) 352 -8712. <br />Attachments: Table 3 <br />City of Greeley Lease <br />Letter from DRMS dated April 30, 2010 <br />Cc: Claudia Engelmann, Assistant Division Engineer, 810 9th Avenue, Suite 200, Greeley, <br />Colorado 80631, (970)- 352 -8712 <br />KGR/jmw <br />such a bond has been obtained and the requirements of the April 30, 2010 letter <br />from DRMS have been satisfied. This information is required to assure that all <br />permanent depletions from either an unforeseen abandonment of the site by the <br />Applicant or as a result of long term ground water exposure after completion of <br />mining and reclamation will be replaced so as to prevent injury to other water <br />rights. <br />14. This SWSP may be revoked or modified at any time should it be determined that injury to <br />other water rights has or will occur as a result of this SWSP. Should this SWSP expire <br />without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all excavation of the product from below the water table, and all other <br />use of water at the pit, must cease immediately. <br />15. 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 <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />16. 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 water <br />court case or any other legal action that may be initiated concerning the SWSP. This <br />decision shall not bind the State Engineer to act in a similar manner in any other <br />applications involving other SWSPs or in any proposed renewal of this SWSP, and shall <br />not imply concurrence with any, findings of fact or conclusions of law contained herein, or <br />with the engineering methodologies used by the Applicant. <br />Division of Reclamation Mining and Safety <br />Sincerely, <br />Rein, P.E., <br />uty State Engineer <br />George Varra, Water Commissioner, Water District 3 (1400 Hwy 287 N, Fort Collins, <br />Colorado 80524, (970) 484 -1628) <br />