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Peter Wayland <br />November 18, 2014 <br />Page 5 <br />8. All releases of replacement water must be sufficient to cover all out -of- priority depletions in <br />time, place, and amount and must be made under the direction and /or the approval of the water <br />commissioner. The release of replacement water may be aggregated to maximize beneficial <br />use. The water commissioner and /or the division engineer shall determine the rate and timing of <br />an aggregated release. <br />9. Adequate accounting of depletions and replacements must be provided to the division engineer <br />in Greeley (DivlAccounting(cstate.co.us) and the water commissioner (George Roark at <br />George. Roark(b-state.co.us) on a monthly basis or other interval acceptable to both of them. <br />The accounting form provided with your application is subject to modification and approval by <br />the division engineer. All amounts shall be in acre -feet. Submitted accounting shall conform to <br />the Administration Protocol "Augmentation Plan Accounting, Division One — South Platte River" <br />(attached). <br />In addition, the applicant shall verify that the City of Loveland ( "Loveland ") has submitted a <br />report to the Division Engineer that includes an accounting of all replacement water controlled <br />by Loveland, showing the total volume of water under its control and the amount committed to <br />each of the recipients of the water, including the water committed to this plan. <br />10. The name, mailing address, and phone number of the contact person who will be responsible for <br />operation and accounting of this plan must be provided on the accounting forms to the division <br />engineer and water commissioner. <br />11. Approval of this substitute water supply plan does not relieve the Applicant and /or <br />landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long -term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. An application for a plan for augmentation is required to <br />be filed with the Water Court by December 31, 2015. Approval of this plan does not imply <br />approval by this office of any related litigation. By that date the Applicant or its <br />successor in ownership must have either filed an application with the Water Court for a <br />court- approved augmentation plan or commenced backfilling of the site or explain why <br />an extension to the above deadline is required. <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 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 can <br />replace long term injurious stream depletions that result from mining related exposure <br />of ground water. The DRMS letter identifies four approaches to satisfy this requirement. <br />If the information you are providing to DRMS is included under the approaches <br />numbered 1 — 3, a copy of that information needs to also be provided to this office (the <br />Division of Water Resources). <br />In accordance with approach no. 4, you have provided an affidavit dated January 27, <br />2012, that dedicates 0.5 shares of Hillsborough Ditch water as replacement water solely <br />for this SWSP for as long as there are depletions at this gravel pit site or until such time <br />