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Mr. Paul Bruss Page 6 July 29, 2015 ' Adapted from EVAPOTRANSPIRATION AND AGRONOMIC RESPONSES IN FORMERLY IRRIGATED MOUNTAIN MEADOWS, South Park, Colorado, March 1, 1990; Revised September 1, 1991 12. Any request for amendment must include an estimate of the amount of water that will be consumed, an update of the total stream depletions by reach and month including post -plan depletions, and identification of the source of additional replacement water. Approval of an amendment will be contingent upon the Applicant demonstrating it has sufficient replacement water to cover the additional depletions. 13. The approval of this SWSP does not relieve the Applicant and/or the landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 2 Water Court at least three (3) years prior to the completion of mining, to include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions from mining and dewatering shall continue until there is no longer an effect on stream flow. Any subsequent request for a renewal/additional SWSP for this site must include information regarding the estimated date mining will be completed and the Applicant's plans for filing an application with the water court for a plan for augmentation. 14. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The DRMS letter identifies four approaches to satisfy this requirement. In accordance with approach nos. 1 and 3, a bond for $115,000 has been obtained through DRMS. It is our understanding that this may be used for backfilling of the sediment pond and water basin, but is not adequate for backfilling of the Phase 2 mining pit. Therefore, in accordance with approach no. 4, you have indicated that the mineral lease between the Applicant and the landowner provides for the Applicant's use of the Lester-Attebery water rights in connection with the mining operation. You have indicated that the Applicant intends to fully utilize the Lester-Attebery Ditch rights as the sole replacement supply for a long-term augmentation plan for the Grisenti Pit. For the purposes of this SWSP, the lease agreement will be accepted for the dedication of the subject water rights; however, if the State Engineer determines that a different dedication process is necessary to assure proper dedication of water rights, additional information, may be required prior to future SWSP approvals. 15. The replacement water that is the subject of this SWSP cannot be sold, leased or otherwise legally encumbered during the term of this SWSP. As a condition of subsequent renewals of this SWSP, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. All replacement water must be concurrent with depletions in quantity, timing, and location.