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Mr. David M. Heintz Page 7 of 8 <br /> MMM South Platte Combined Replacement Plan <br /> January 8, 2015 <br /> All replacement water must be concurrent with depletions in quantity, timing, and locations. <br /> The use of replacement water must be in compliance with all agreements with the providers <br /> of replacement water. <br /> 12. Dewatering of Riverbend East site will produce delayed depletions to the stream system. This <br /> dewatering is not at a constant rate and thus monthly dewatering volumes must be reported <br /> and adequately accounted for monthly. At least three years prior to completion of mining, a <br /> plan must be submitted that specifies how the post pumping dewatering depletions (including <br /> refilling the pit) will be replaced in time, place and amount. The Applicant is hereby notified <br /> that if dewatering commences at any of the other sites included in this plan, then the SWSP <br /> must be amended immediately. <br /> 13. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division <br /> of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must <br /> comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and <br /> Regulations for the protection of water resources. The April 30, 2010 letter from DRMS <br /> requires that you provide information to DRMS to demonstrate you can replace long term <br /> injurious stream depletions that result from mining related exposure of ground water. The <br /> DRMS letter identifies four approaches to satisfy this requirement. For the Riverbend West <br /> site, approach no. 1 and no. 3 will be utilized as evidenced by the Applicant's bond in the <br /> amount of $3,450,600. The approaches in the DRMS letter are not applicable to the Howe Pit <br /> and Riverbend East Pit as Denver Water is the permit holder and bonds are not required for <br /> municipal entities. <br /> 14. Approval of this plan is for the purposes as stated herein. This office must first approve any <br /> additional uses for which the water may be used. <br /> 15. The 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 plan for <br /> augmentation or mitigation to ensure the permanent replacement of all depletions, including <br /> long-term evaporation losses and lagged depletions after gravel mining operations have <br /> ceased. If reclamation of the mine sites will produce 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 and lagged depletions. If a lined <br /> pond results after reclamation, replacement of lagged depletions shall continue until there is <br /> no longer an effect on stream flow. <br /> 16. The name, address, and phone number of a contact person who will be responsible for the <br /> operation and accounting of this plan must be provided to the Water Commissioner(s) and the <br /> Division Engineer. <br /> 17. This plan may be revoked or modified at any time should it be determined that injury to other <br /> vested water rights has or will occur as a result of the operation of this plan. Should this <br /> substitute water supply plan expire without renewal or be revoked prior to adjudication of a <br /> permanent plan for augmentation, all use of ground water must cease immediately. <br /> 18. 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 />