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Mr. Jared Dains, E.I. <br />Feit SWSP <br />November 20, 2012 <br />Page 5 <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 1 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 is not expected to occur at this site during the SWSP approval <br />period therefore dewatering shall not occur at the site unless the Applicant obtains an <br />amended SWSP to account for any dewatering depletions or additional operational <br />depletions at the site. <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. <br />To allow replacements to be made while the operator comes into compliance with <br />DRMS requirements this SWSP will be renewed for WY 2013. The operator shall <br />not expand the exposed surface area of groundwater under this SWSP until the <br />site has been brought into compliance with DRMS requirements. Additionally, at <br />the time this SWSP expires, if there is no progress made on the operators behalf to <br />bring this site into compliance, the SWSP may not be renewed which would result <br />in Cease and Desist Orders against the mine site. <br />16. 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 <br />whether the substitute supply is of a quality to meet requirements of use to senior <br />appropriators. As such, water quality data or analysis may be requested at any time to <br />determine if the water quality is appropriate for downstream water users. <br />17. 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 />pending water court case or any other legal action that may be initiated concerning this <br />SWSP. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other SWSPs, or in any proposed renewal of this SWSP, and <br />shall not imply concurrence with any findings of fact or conclusions of law contained <br />herein, or with the engineering methodologies used by the Applicant. <br />