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<br /> <br />Builder’s Aggregate SWSP August 18, 2017 <br /> Page 6 of 7 <br />month for which the accounting is being made and conform to the Administration Protocol <br />“Augmentation Plan Accounting, Division One – South Platte River” (attached). <br />The Applicant shall verify that the entity making replacements has included the Applicant on <br />their accounting and submitted their accounting to the division office and the water <br />commissioner; for this SWSP, that entity is the Riverside Irrigation District. <br /> <br />8. Conveyance loss for delivery of augmentation water to the point of depletion on the South <br />Platte River is subject to assessment and modification as determined by the division engineer. <br /> <br />9. The division engineer, or his designated representative, will administer all such water <br />transported in the South Platte River or its tributaries under this SWSP, including water for <br />replacement of depletions, past intervening headgates to ensure that such water is not <br />intercepted or otherwise diminished in quantity by diversion, use or other interference by <br />intervening water rights and to assure that such water remains available and suitable for <br />Applicant’s uses under this SWSP, except when any intervening headgate is diverting the entire <br />flow of (“sweeping”) the river. In the event that delivery past headgates which sweep the river <br />requires the installation of a bypass structure or the use of an existing bypass structure by <br />agreement with a third-party, Applicant is responsible for either installing a new bypass <br />structure with a continuous recording measuring device(s) as approved by the water <br />commissioner or securing an agreement with a third-party to use an existing bypass structure <br />and providing such information and agreement to the division engineer. <br /> <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. 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 operators <br />must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules <br />and 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. <br /> <br />In accordance with approach nos. 1 and 3, you have indicated that a bond has been <br />obtained for $11,750 through the DRMS. <br />12. All releases of replacement water must be sufficient to cover all out of priority depletions and <br />be made under the direction and/or approval of the water commissioner. <br />13. The approval of this SWSP does not relieve the Applicant and/or landowner of the requirement <br />to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to <br />ensure the permanent replacement of all depletions, including long-term evaporation losses and <br />lagged depletions after gravel mining operations have ceased. If reclamation of the mine site <br />will produce a permanent water surface exposing groundwater to evaporation, an application <br />for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) <br />years prior to the completion of mining to include, but not be limited to, long-term evaporation <br />losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow.