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Mr. Jared Dains SerFer Pit M- 2008 -006 October 11, 2011 Page 4 responsible for operation and accounting of this plan must be provided on the accounting forms to the Division Engineer and Water Commissioner 12. The proposed replacement source for the depletions accruing to the Cache la Poudre River resulting from this gravel pit are excess credits associated with a recharge project utilizing 2.0 shares of the Box Elder Ditch as previously approved for augmentation use in conjunction with the Applicant's Timnath - Connell Pit (M- 1999 -050). It is the Applicant's responsibility to ensure that the Timnath - Connell Pit accounting reflect the monthly excess credits used by this SWSP. As the Applicant owns both the SerFer and Timnath- Connel Pits, combined accounting is acceptable. 13. The approval of this SWSP does not relieve the Applicant and /or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including Tong -term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long -term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 14. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions attributable to the dewatering operation. However, once dewatering at the site ceases, the delayed depletions must be addressed. At least three years prior to completion of dewatering at the SerFer Pit a plan must be submitted that specifies how the post pumping dewatering depletions will be replaced, in time, place and amount. Since the SerFer Pit is projected to be a 4 year project, this must be specifically address in the next SWSP renewal request. For purposes of this SWSP approval period, recording the dewatering volume pumped on a monthly basis is sufficient to track dewatering activities. 15. Dewatering shall not be discontinued without an amendment to this SWSP detailing how the additional depletions to the stream system will be replaced. To assure that additional depletions to the river do not occur, the Applicant has obtained a bond through DRMS for $328,445 for lining or backfilling the SerFer pit. The Applicant is required to maintain this bond until the pit is adequately lined or backfilled, and all lagged stream depletions have been replaced. 16. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. Should this SWSP expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of the product from below the water table, and all other use of water at the pit, must.cease immediately. 17. In accordance with amendments to Section §25 -8- 202 -(7), C.R.S. and "Senate Bill 89 -181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute water supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water