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Mr. Jared Dains Page 7 <br />November 29, 2011. <br />15. If reclamation of the mine site produces a permanent water surface exposing groundwater <br />to evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three (3) years prior to the completion of mining to include, but not be <br />limited to, Tong -term evaporation losses. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow. Granting of this SWSP does not imply approval by this office of any such court <br />application(s). <br />16. The Bucklen Pit has been continuously dewatered. As long as the pit is continuously <br />dewatered, the water returned to the stream system should be adequate to offset the <br />depletions, thus dewatering is required to continue during the term of this plan. Once <br />dewatering at this site ceases, the river will experience a net depletion as the pit gradually <br />fills. At least three years prior to completion of dewatering, a plan must be submitted that <br />specifies how the post pumping dewatering depletions (including refilling the pit) will be <br />replaced, in time, place and amount. Should dewatering cease, this SWSP will <br />automatically become void until an amendment covering such action is sought and <br />approved. <br />17. The monthly volume of water pumped for dewatering operations must be recorded on the <br />submitted accounting sheets. This is to be done by installing a totalizing flow meter (TFM) <br />to measure any dewatering discharge. This SWSP will not be renewed for WY 2013 <br />unless dewatering discharges are measured by a TFM. <br />18. 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 <br />such, water quality data or analysis may be requested at any time to determine if the Water <br />quality is appropriate for downstream water users. <br />19. 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 <br />water court case or any other legal action that may be initiated concerning this plan. This <br />decision shall not bind the state engineer to act in a similar manner in any other applications <br />involving other SWSPs, or in any proposed renewal of this SWSP, and shall not imply <br />concurrence with any findings of fact or conclusions of law contained herein, or with the <br />engineering methodologies used by the Applicant. <br />Please contact Joanna Williams in Denver at (303) 866 -3581, or Jonathan Hernandez in <br />Greeley at (970) 352 -8712, if you have any questions concerning this approval. <br />Sincerely, <br />n G. Rein, P.E. <br />uty State Engineer <br />