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ASCI Turnpike Mining Resources SWSP Page 4 of 6 <br /> December 13, 2023 <br /> be found in the attached Augmentation Plan Accounting Protocol. NOTE: Monthly accounting, even <br /> during the winter non-irrigation season, is required. <br /> In addition, the Applicant shall verify that the entity making replacements has included the <br /> Applicant on their accounting and submitted their accounting to the Division Office and the Water <br /> Commissioner. For this SWSP, that entity is the City of Erie. <br /> 7. The Applicant shall refer to the Augmentation Plan Accounting or any other applicable protocols as <br /> referenced in the attached documents for information regarding the operation of this SWSP. <br /> 8. 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 /> 9. Conveyance loss for delivery of augmentation water to the point of depletion on the South Platte <br /> River is subject to assessment and modification as determined by the Division Engineer. <br /> 10. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of <br /> Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with <br /> the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the <br /> protection of water resources. The April 30, 2010 letter from DRMS requires that you provide <br /> information to DRMS to demonstrate you can replace long term injurious stream depletions that <br /> result from mining related exposure of groundwater. The DRMS letter identifies four approaches to <br /> satisfy this requirement. <br /> In accordance with approach nos. 1 and 3, the applicant has indicated that a bond has been obtained <br /> for$1,114,000.00 through the DRMS for lining of this site to assure that depletions from groundwater <br /> evaporation do not occur in the unforeseen event or events that would lead to the abandonment of <br /> the Pit. <br /> 11. All releases of replacement water must be sufficient to cover all out-of-priority depletions in time, <br /> place, and amount and be made under the direction and/or approval of the Water Commissioner <br /> (including the proposed aggregated replacement for winter depletions). <br /> 12. The approval of this SWSP does not relieve the Applicant and/or landowner of the requirement to <br /> obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure <br /> the permanent replacement of all depletions, including long-term evaporation losses and lagged <br /> depletions after gravel mining operations have ceased. If reclamation of the mine site will produce <br /> a permanent water surface exposing groundwater to evaporation, an application for a plan for <br /> augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the <br /> completion of mining to include, but not be limited to, long-term evaporation losses and lagged <br /> depletions. If a lined pond results after reclamation, replacement of lagged depletions shall <br /> continue until there is no longer an effect on stream flow. <br /> 13. In order to prevent injury to other water rights, the division engineer and water commissioner must <br /> be able to administer Applicants' replacement water past headgates on the river at times when <br /> those headgates would otherwise be legally entitled to divert all available flow in or "sweep" the <br /> South Platte or its tributaries. Applicant shall not receive credit for replacement of depletions to <br /> the South Platte below such diversion structures unless bypass and measurement structures are in <br /> place to allow the division engineer and water commissioner to confirm that Applicant's <br /> replacement water is delivered past the headgates. In the event that delivery past dry-up points <br /> requires the use of a structure for which a carriage or use agreement with a third party is required, <br />