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Ms. Lindsay M. Griffith, P.E. <br />January 8, 2013 <br />Page 6 <br />16. 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 />17. 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 />In accordance with approach nos. 1 and 3, a bond has been obtained for <br />$5,268,550.00 through the Division of Reclamation, Mining, and Safety ( "DRMS ") to <br />assure that depletions from groundwater evaporation do not occur in the <br />unforeseen event, or events, that would lead to the abandonment of the Pit. <br />18. 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 />19. 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 />Please contact loana Comaniciu in Denver at (303) 866 -3581, or Charlie DiDomenico in <br />Pueblo at (719) 542 -3368, if you have any questions concerning this approval. <br />Sincerely, <br />Heidi Frey, P.E. <br />Water Resource Engineer <br />