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Mr. Jared Dains <br />January 27, 2009 <br />Page 5 <br />area that may occur during the assumed ice covered period (December and January) for any time <br />that the exposed ground water in the pit is not completely covered by ice. <br />9. The replacement water, which 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 replacement <br />water must be concurrent with depletions in quantity, timing and locations. <br />10. The water attributable to the 5 shares of the GIC must continue to be diverted in priority at the ditch <br />and then measured back to the Cache La Poudre River in the vicinity of the Bucklen Pit. Adequate <br />measuring devices acceptable to the water commissioner must be installed. <br />11. All releases of replacement water must be sufficient to cover all out-of-priority depletions in time, <br />place, and amount and must be made under the direction and/or the approval of the water <br />commissioner. <br />12. The name, address and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided with the accounting form to the division <br />engineer and water commissioner. <br />13. Adequate accounting of depletions and replacements must be provided to the division engineer in <br />Greeley and the water commissioner on a monthly basis or other interval acceptable to both of <br />them. The accounting form provided with your application is subject to modification and approval <br />by the division engineer. All amounts shall be in acre-feet. <br />14. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other vested water rights has or will occur as a result of this plan. Should this supply <br />plan expire without renewal or be revoked prior to adjudication of a permanent plan for <br />augmentation, all use of ground water must cease immediately. <br />15. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water <br />Court at least three (3) years prior to the completion of mining to include, but not be limited to, <br />long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Granting of this plan <br />does not imply approval by this office of any such court application(s). <br />16. The Bucklen Pit has been continuously dewatered. As long as the pit is continuously dewatered, <br />the water returned to the stream system should be adequate to offset the depletions, thus <br />dewatering is required to continue during the term of this plan. Once dewatering at this site <br />ceases, the river will experience a net depletion as the pit gradually fills. At least three years prior <br />to completion of dewatering, a plan must be submitted that specifies how the post pumping <br />dewatering depletions will be replaced, in time, place and amount. <br />17. To assure that depletions from groundwater evaporation do not occur in the unforeseen event, or <br />events, that would lead to the abandonment of the pit, a bond for $68,984.00 through DRMS for <br />lining or backfilling of the pit has been obtained. Therefore, in case of abandonment the bond can