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Mr. Fred Blumberg Page 4 <br />June 4, 2012 <br />engineer. Permanent records of all diversions must be maintained by the owner <br />(recorded at least monthly) and submitted to the division engineer and water <br />commissioner as required by the terms of this SWSP. <br />12. This SWSP 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 this SWSP. Should this SWSP <br />expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of ground water must cease immediately. <br />13. 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 with <br />the Division 2 Water Court at least three (3) years prior to the completion of mining to <br />include, but not be limited to, long -term evaporation losses. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. Granting of this SWSP does not imply approval by this office of <br />any such court application(s). <br />14. 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 terms of this approval. At least three years <br />prior to the completion of dewatering, a plan must be submitted that specifies how the <br />post pumping dewatering depletions (including refilling of the pit) will be replaced in time, <br />place, and amount. <br />15. In accordance with the letter dated April 30, 2010 (copy attached) from the <br />Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and <br />gravel mining operators must comply with the requirements of the Colorado <br />Reclamation Act and the Mineral Rules and Regulations for the protection of water <br />resources. The April 30, 2010 letter from DRMS requires that you provide <br />information to DRMS to demonstrate you can replace long term injurious stream <br />depletions that result from mining related exposure of ground water. The DRMS <br />letter identifies four approaches to satisfy this requirement. If the information you <br />are providing to DRMS is included under the approaches numbered 1 — 3, a copy <br />of that information needs to also be provided to this office (the Division of Water <br />Resources). <br />If the information you are providing to DRMS is pursuant to approach no. 4, you <br />will need to provide additional documentation to this office that specifies what <br />water rights or other permanent water source will be dedicated to the SWSP to <br />assure that all permanent depletions from either an unforeseen abandonment of <br />the site by the Applicant or as a result of long term ground water exposure after <br />completion of mining and reclamation will be replaced so as to prevent injury to <br />other water rights. <br />This information must be provided to this office as soon as possible and at the <br />latest, must be included in any request for renewal of this plan. If the requested <br />information is not provided to this office, any future SWSP may limit the mining <br />