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Mr. Stephen Buechner Page 4 <br />May 21, 2012 <br />28, 2011, Lafarge notified DRMS that it was considering bonding the site to install <br />a slurry wall liner for use as water storage, with a preliminary estimated cost of <br />$271,320. At this time Martin Marietta plans to proceed with this option to mitigate <br />log -term injurious stream depletions that result from mining - related exposure of <br />groundwater. Martin Marietta anticipates that it will have up to three years to <br />phase in the additional financial warranty. The Rich Pit is currently bonded for <br />$51,542 with the DRMS. Future SWSPs for this site will not authorize any <br />additional use of ground water until the Applicant provides documentation that a <br />bond sufficient to cover lining or backfilling of the pit has been obtained. <br />8. The approval of this substitute water supply plan does not relieve the applicant and /or <br />the landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long -term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 2 Water Court at least three (3) years prior <br />to the completion of mining, to include, but not be limited to, long -term evaporation <br />losses and lagged depletions. If a lined pond results after reclamation, replacement of <br />lagged depletions from mining and dewatering shall continue until there is no longer an <br />effect on stream flow. <br />9. This plan may be revoked or modified at any time should it be determined that injury to <br />other vested water rights has or will occur as a result of the operation of this plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, Martin Marietta shall obtain and <br />present to this office an alternate source of replacement water. <br />10. 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 if this <br />substitute water supply plan is of a quality to meet requirements of use to which the <br />senior appropriation receiving the substitute supply has normally been put. As such, <br />water quality data or analyses may be requested at any time to determine if the <br />requirement of use of the senior appropriator is met. <br />11. 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 <br />water court case or any other legal action that may be initiated concerning the substitute <br />water supply plan. This decision shall not bind the State Engineer to act in a similar <br />manner in any other applications involving other plans or in any proposed renewal of this <br />plan, and shall not imply concurrence with any findings of fact or conclusions of law <br />contained herein, or with the engineering methodologies used by the Applicant. <br />12. Acceptance of these conditions shall be assumed unless a letter to the contrary is <br />received by this office, the Division Engineer (Steve Witte, 310 E. Abriendo, Suite B, <br />Pueblo CO 81004), and the Water Commissioner (Peter Kasper) within two weeks of <br />your receipt of this letter. <br />