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Mr. Andy Rodriguez Page 6 <br />Poudre Pits Aggregate Mine SWSP <br />January 26, 2012 <br />6. Approval of this plan is for the purposes stated herein. Any additional uses of this water must <br />first be approved by this office. Any future additional historical consumptive use credit given <br />(e.g., agricultural water transfer) for this site must consider all previous credits given. <br />7. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />8. All releases 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. The attached table provides a proposed schedule of replacement. The <br />release of replacement water may be aggregated to maximize beneficial use. The water <br />commissioner and /or the division engineer shall determine the rate and timing of an <br />aggregated release. <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 <br />replacement water must be concurrent with depletions in quantity, timing, and location. <br />10. 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 on the accounting forms submitted to the <br />division engineer and the water commissioner. <br />9. Adequate accounting of depletions and replacement must be provided to the division engineer <br />in Greeley (Div1Accountinqstate.co.us) and the water commissioner (George Varra, <br />George.Varra @state.co.us) on a monthly basis. Submitted accounting shall conform to the <br />Administration Protocol "Augmentation Plan Accounting, Division One — South Platte River" <br />(attached). <br />10. If not previously documented, the amount and location of the dry -up of the irrigated acreage <br />associated with the applicant's shares of the Whitney Ditch must be documented and approved <br />by the division engineer and water commissioner before any consumptive use credits are <br />available for use under this plan. A map and legal description of the dry -up must be submitted <br />to the water commissioner, division engineer and the Office of the State Engineer as part of <br />the documentation process. <br />11. 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 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 />12. Dewatering operations produce delayed depletions to the stream system. This SWSP includes <br />these lagged depletions associated with the Roberts Pit, Firestein Pit, La Poudre Pit, and North <br />La Poudre Pit. These depletions are offset with dewatering accretions at the Tigges Pit. A <br />totalizing flow meter is required on all dewatering discharge in order for the operator to claim <br />any accretion credits. Dewatering credits will not be granted after March 31, 2012 if a <br />meter is not installed by that date. Future SWSPs will not be approved until a <br />dewatering meter is installed regardless if accretion credits are claimed. <br />13. Information documenting compliance with the April 30, 2010 DRMS Letter has not been <br />provided to our office. This SWSP and all future SWSPs will not allow any additional <br />exposure of ground water until the operator is able to document compliance with the <br />