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Mr. Richard Raines <br />July 2, 2008 <br />Page 4 <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. <br />7. Applicant proposes to obtain a bond to cover the permanent filling of the Oit in the unlikely case <br />in which the operator walks away during the dewatering process thus leaving a large exposure <br />of ground water and associated evaporation liability. No ground water shall be exposed on <br />the subject property until such time as the applicant provides proof to this office that <br />such a bond is in place. <br />8. All sources of replacement water must be sufficient to cover all out-of-priority depletions in <br />time, place, and amount and must be made under the direction and/or the approval of the <br />water commissioner. <br />9. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. A <br />copy of this approval letter should be recorded with the County Clerk and Recorder. All <br />replacement water must be concurrent with depletions in quantity, timing, and locations. <br />10. Adequate accounting of depletions and replacements must be provided to the division engineer <br />in Greeley and the water commissioner on a monthly basis or other interval acceptable to both <br />of them. The accounting form provided with your application is subject to modification and <br />approval by the division engineer. All amounts shall be in acre-feet. The accounting must <br />include a list of locations and amounts of this leased water committed for replacement <br />purposes. <br />11. All diversions shall be measured in a manner acceptable to the Division Engineer. The <br />Applicant shall install and maintain such measuring devices as required by the Division <br />Engineer for operation of this SWSP. <br />12. The proposed replacement source for the depletions accruing to the Cache la Poudre River <br />resulting from this gravel pit are excess credits associated with a recharge project utilizing 2.0 <br />shares of the Box Elder Ditch as previously approved for augmentation use in conjunction with <br />the Applicant's other gravel operations including the Stute Pit (M-81-007), Timnath-Connell Pit <br />(M-99-050), and a newly proposed SWETS Pit (Unknown DRMS No.). <br />13. 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 />14. 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 <br />and lagged depletions after gravel mining operations have ceased. If reclamation of the mine <br />site will produce a permanent water surface exposing ground water to evaporation, an <br />application for a plan for augmentation must be filed with the Division 1 Water Court at least <br />three (3) years prior to the completion of mining to include, but not be limited to, long-term <br />evaporation losses and lagged depletions. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow.