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Sievers Pit SWSP <br />August 7, 2013 <br />Page 6 of 7 <br />11. Dewatering at this site will produce delayed depletions to the stream system. As long as the <br />pit is continuously dewatered, the water returned to the stream system should be adequate <br />to offset the depletions attributable to the dewatering operation. If dewatering at the site <br />ceases, the Applicant is required to account for and replace any out -of- priority delayed <br />depletions. At least three years prior to completion of dewatering, a plan must be submitted <br />that specifies how the post pumping dewatering depletions (including refilling of the pit) will <br />be replaced, in time, place and amount. <br />12. 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 <br />the Mineral Rules and Regulations for the protection of water resources. The April <br />30, 2010 letter from DRMS requires that you provide information to DRMS to <br />demonstrate you can replace long term injurious stream depletions that result from <br />mining related exposure of ground water. <br />In accordance with approach no. 1, you have indicated that a bond has been <br />obtained for $295,172 through the DRMS to assure that depletions from groundwater <br />evaporation do not occur in the unforeseen event, or events that would lead to the <br />abandonment of the Pit. In addition, the Sievers Pit will be backfilled and reclaimed <br />as irrigated land once mining is complete, thus eliminating any long -term injurious <br />stream depletions related to exposure of groundwater. <br />13. The approval of this SWSP does not relieve the Applicant and /or landowner of the <br />requirement to obtain a Water Court decree approving a permanent plan for augmentation <br />or mitigation to ensure the permanent replacement of all depletions, including long -term <br />evaporation losses and lagged depletions after gravel mining operations have ceased. If <br />reclamation of the mine site will produce a permanent water surface exposing groundwater <br />to evaporation, an application for a plan for augmentation must be filed with the Division 5 <br />Water Court at least three (3) years prior to the completion of mining to include, but not be <br />limited to, long -term evaporation losses and lagged depletions. 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 plan does not imply approval by this office of any <br />such court application(s). <br />14. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result 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, all excavation of product from below the <br />ground water table and all other use of water at the pit must cease immediately. <br />15. In accordance with amendments to §25 -8- 202(7), C.R.S., and Senate Bill 89 -181 Rules and <br />Regulations adopted on February 4, 1992, the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As <br />