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Mr. Jared Dains <br />Greeley 35th Ave Pit M- 1977 -036 <br />January 11, 2011 <br />Page 4 <br />rights. Conveyance loss for delivery of augmentation water is subject to assessment and <br />modification as determined by the water commissioner or division engineer. <br />8. The replacement water, which is the subject of this SWSP cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this SWSP, the replacement water <br />must be appurtenant to this site until a plan for augmentation is obtained. All replacement <br />water must be concurrent with depletions in quantity, timing, and location. <br />9. The name, address, and phone number of the contact person who will be responsible for <br />the operation and accounting of this SWSP must be provided on the accounting forms <br />submitted to the division engineer and the water commissioner. <br />10. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div1Accountinq state.co.us) and the water commissioner <br />(George Varra at Georqe.Varrastate.co.us) on a monthly basis. The accounting form <br />provided with your application is subject to modification and approval by the division <br />engineer. All amounts shall be in acre -feet. <br />11. This SWSP may be revoked or modified at any time should it be determined that injury <br />to other vested water rights has or will occur as a result of this SWSP. <br />12. If reclamation of the mine site produces a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed <br />with the Division 1 Water Court at least three years prior to the completion of mining to <br />include, but not be limited to, long -term evaporation losses and lagged depletions. If a <br />lined pond results after reclamation, replacement of lagged depletions shall continue <br />until there is no longer an effect on stream flow. The approval of this plan does not <br />imply a position by our office on any litigation associated with this site. <br />13. Dewatering at this site will produce delayed depletions to the stream system. As long as <br />the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions attributable to the dewatering operation. Once <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. If not already installed, a Totalizing Flow Meter must be <br />installed to record monthly dewatering volumes by February 29, 2012. Meter <br />readings must be incorporated on the submitted monthly accounting. <br />14. The site is currently being dewatered, however, if the dewatering of this site is <br />discontinued, the pit would fill creating additional depletions to the stream system due to <br />increased evaporation. To assure that depletions to the river do not occur as a result of <br />either an unforeseen abandonment of the site by the Applicant or as a result of the long <br />term ground water exposure after completion of the mining and reclamation will be <br />replaced so as to prevent injury to other water rights, the City of Greeley lease will be <br />committed to cover ground water evaporation at the Greeley 35 Avenue site. In <br />addition, a bond for $967,787 through DMG for lining or backfilling of the lakes has been <br />obtained. Therefore, if dewatering is discontinued this bond can also be used for the <br />completion of the lining of the pit or the backfilling, thus preventing depletions to the <br />stream system. <br />