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Mr. Jared Dains, E.I. <br />Loloff SWSP <br />December 31, 2012 <br />14. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado <br />Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining <br />operators must comply with the requirements of the Colorado Reclamation Act and the <br />Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 <br />letter from DRMS requires that you provide information to DRMS to demonstrate you <br />can replace long term injurious stream depletions that result from mining related <br />exposure of ground water. The Loloff Pit is not in compliance with this requirement. On <br />September 7, 2012 DRMS sent a letter to Loloff Construction outlining options to bring <br />the pit into compliance. Future SWSPs will not be renewed unless Loloff can show <br />a good faith effort in obtaining compliance and document the steps taken and <br />result of this effort. <br />15. 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. Should this <br />SWSP 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 />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 />plan. This decision shall not bind the state engineer to act in a similar manner in any <br />other applications involving other plans, or in any proposed renewal of this plan, 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 />If you have any questions concerning this approval, please contact Joanna Williams in <br />Denver at (303) 866 -3581 or Jonathan Hernandez in Greeley at (970) 352 -8712. <br />Sincerely, <br />atherage, P.E. <br />f Water Supply <br />F <br />Attachments: Table 1 <br />Water Lease Agreement (Graham Ditch) <br />Water Lease (City of Aurora) <br />Augmentation Plan Accounting Protocol <br />cc: Jonathan Hernandez, Water Resource Engineer, jonathan.hernanderstate.co.us <br />810 9 Street, Suite 200, Greeley, CO 80631; (970) 352 -8712 <br />Mark Simpson, Water Commissioner District 3, mark.simpsonCa state.co.us <br />951 Wheatridge Cir., Loveland, CO 80537; (970) 420 -9568 <br />Bill Schneider, Water Commissioner District 2, william.schneider(a�state.co.us <br />810 9th Street, Ste. 200, Greeley, CO 80631; (970) 352 -8712 <br />Division of Reclamation Mining and Safety <br />JD /jmh: Loloff Pit 2013 SWSP.docx <br />Page 5 of 5 <br />