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Ms. Michelle L. Hatcher Page 6 of 7 <br />June 22, 2011 <br />10. The name, address and phone number of the contact person who will be responsible for <br />the operation and accounting of this plan must be provided with the accounting form to <br />the division engineer and water commissioner. <br />9. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div1Accounting( state.co.us) and the water commissioner (Shera <br />Sumerford at Shera.SumerfordOstate.co.us) on a monthly basis or other interval <br />acceptable to both of them on a form approved by them. All amounts shall be in acre - <br />feet. <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. 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. The <br />replacement may be aggregated to maximize beneficial use. The water commissioner <br />and /or division engineer shall determine the rate and timing of an aggregated release. <br />13. The approval of this substitute water supply plan does not relieve the Applicant and /or <br />landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long -term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />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 <br />to the completion of mining to include, but not be limited to, 'long -term evaporation losses <br />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. <br />14. In accordance with the letter dated April 30, 2010 (copy attached) from the <br />Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and <br />gravel mining operators must comply with the requirements of the Colorado <br />Reclamation Act and the Mineral Rules and Regulations for the protection of water <br />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 <br />depletions that result from mining related exposure of ground water. The DRMS <br />letter identifies four approaches to satisfy thls requirement. If the information you <br />are providing to DRMS is included under the approaches numbered 1— 3, a copy <br />of that information needs to also be provided to this office (the Division of Water <br />Resources). <br />If the information you are providing to DRMS is pursuant to approach no. 4, you <br />will need to provide additional documentation to this office that specifies what <br />water rights or other permanent water source will be dedicated to the SWSP to <br />assure that all pemianent depletions from either an unforeseen abandonment of <br />the site by the Applicant or as a result of long term ground water exposure after <br />completion of mining and reclamation will be replaced so as to prevent injury to <br />other water rights. <br />To date, this information has not been provided to this office. No additional <br />ground water will be allowed to be exposed by this mining operation, beyond that <br />specified in this SWSP, until the required information is received. <br />