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Valley's Edge Resource Substitute Water Supply Pla, <br />November 1, 2021 <br />rarpc -r Ui i <br />submitted accounting must conform to the Administration Protocol "Augmentation Plan <br />Accounting - Division One, South Platte River" (attached). <br />10. Applicant shall verify that the entity making replacement has included them on their <br />accounting submitted to our office. In this case, that entity is the City of Aurora. <br />11. All pumping for dust control shall be measured in a manner acceptable to the Division <br />Engineer. <br />12. 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 <br />Engineer. Any changes to the assessed conveyance loss will be communicated to the Division <br />One Call List via email. <br />13. The Division Engineer, or their 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 <br />entire flow of ("sweeping") the river. In the event that delivery past headgates which sweep <br />the river requires the installation of a bypass structure or the use of an existing bypass <br />structure by agreement with a third -party, Applicant is responsible for either installing a <br />new bypass structure with a continuous recording measuring device(s) as approved by the <br />Water Commissioner or securing an agreement with a third -party to use an existing bypass <br />structure and providing such information and agreement to the Division Engineer. <br />14. The Division of Water Resources will not be responsible for any enforcement or <br />administration of third party agreements that are not included in a decree of the water <br />court. <br />15. The name, mailing address, and phone number of the contact person who will be responsible <br />for operation and accounting of this plan must be provided on the accounting forms to the <br />Division Engineer and Water Commissioner. <br />16. 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 groundwater. The <br />DRMS letter identifies four approaches to satisfy this requirement. In accordance with <br />approach nos. 1 and 3, you have indicated that a bond has been obtained for $873,550 <br />through the DRMS for lining of this site to assure that depletions from groundwater <br />evaporation do not occur in unforeseen event(s) that would lead to the abandonment of the <br />Pit. <br />17. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and be made under the direction and/or approval of the Water Commissioner. <br />18. 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 />