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1 <br />Mr. Frank Healy Page 3 <br />May 21, 2012 <br />5. 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 SWSP, the replacement water must be <br />appurtenant to this site until a plan for augmentation is obtained. All replacement water must <br />be concurrent with depletions in quantity, timing and location, except that releases <br />aggregated at the discretion of the Division Engineer or the Augmentation Coordinator may <br />occur in a later month than the depletions. <br />6. 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 <br />division engineer and water commissioner. <br />7. Adequate accounting of depletions and replacements must be provided to the Water <br />Commissioner and /or Division Engineer on a monthly basis or other interval acceptable to <br />both of them. The accounting of depletions should be in the format similar to that shown on <br />Table 1 B. The accounting form(s) shall be sufficient to demonstrate that the net effective <br />replacement equals or exceeds the total depletion on a monthly basis. <br />8. The accounting form submitted in the month of November each year (at the end of the <br />administrative Water Year) shall be submitted together with plan and cross - sectional <br />drawings of the pit on 8 -1/2" x 11" paper showing; (1) the initial static water level, (2) <br />the extent of the excavation, (3) the maximum depth of the pit and (4) the surface area <br />(if any) of ground water exposed within the pit. <br />9. Releases of water by AGUA pursuant to this plan shall be coordinated with the Division <br />Engineer and the Augmentation Coordinator and shall equal or exceed the depletions to be <br />replaced on a monthly basis. <br />10. The approval of this SWSP does not relieve the Applicant and /or landowner of the <br />requirement to obtain a Water Court decree approving a permanent plan for augmentation <br />or mitigation to ensure the permanent replacement of all depletions, including long -term <br />evaporation losses and lagged depletions after gravel mining operations have ceased. If <br />reclamation of the mine site will produce a permanent water surface exposing groundwater <br />to evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three (3) years prior to the completion of mining to include, but not be <br />limited to, long -term evaporation losses and lagged depletions. If a lined pond results after <br />reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. Granting of this plan does not imply approval by this office of any <br />such court application(s). <br />11. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado <br />Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining <br />operators must comply with the requirements of the Colorado Reclamation Act and <br />the Mineral Rules and Regulations for the protection of water resources. The April 30, <br />2010 letter from DRMS requires that you provide information to DRMS to demonstrate <br />you can replace long term injurious stream depletions that result from mining related <br />exposure of ground water. <br />In accordance with approach nos. 1 and 3, you have indicated that a bond has been <br />obtained for $175,334 through the Division of Reclamation, Mining, and Safety <br />( "DRMS ") to assure that depletions from groundwater evaporation do not occur in the <br />unforeseen event, or events that would lead to the abandonment of the Pit. <br />