2012-03-14_HYDROLOGY - M1985112 - Laserfiche WebLink

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Mr. Jared Dains, E.I. Loloff SWSP March 14, 2012 Page5of6 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. An amendment to this SWSP is required should dewatering activities commence. 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 Loloff Pit is not in compliance with this requirement. On February 2, 2012 DRMS sent a letter to Loloff Construction outlining two options to bring the pit into compliance through raising the bond amount over a three year period. Future SWSPs will not be renewed until documentation has been provided to this office that shows Loloff is complying with either the February 2, 2012 DRMS letter or an alternative plan approved by DRMS. 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 appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 17. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any pending water court case or any other legal action that may be initiated concerning this plan. This decision shall not bind the state engineer to act in a similar manner in any other applications involving other plans, or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant.