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Peter Wayland <br />July 23, 2012 <br />Page 5 <br />determine the rate and timing of an aggregated release. <br />9. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (DivlAccountinq cr state.co.us) and the water commissioner (Jason <br />Smith at Jason.Smith2state.co.us) on a monthly basis or other interval acceptable to <br />both of them. The accounting form provided with your application is subject to <br />modification and approval by the division engineer. All amounts shall be in acre -feet. <br />Submitted accounting shall conform to the Administration Protocol "Augmentation Plan <br />Accounting, Division One — South Platte River" (attached). <br />In addition, the applicant shall verify that the City of Loveland ( "Loveland ") has submitted <br />a report to the Division Engineer that includes an accounting of all replacement water <br />controlled by Loveland, showing the total volume of water under its control and the <br />amount committed to each of the recipients of the water, including the water committed <br />to this plan. <br />10. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the accounting <br />forms to the division engineer and water commissioner. <br />11. Approval of this substitute water supply plan does not relieve the Applicant <br />and /or landowner of the requirement to obtain a Water Court decree approving a <br />permanent plan for augmentation or mitigation to ensure the permanent <br />replacement of all depletions, including long -term evaporation losses and lagged <br />depletions after gravel mining operations have ceased. An application for a plan <br />for augmentation is required to be filed with the Water Court by December 31, <br />2012. Approval of this plan does not imply approval by this office of any related <br />litigation. By that date the Applicant or its successor in ownership must have <br />either filed an application with the Water Court for a court- approved augmentation <br />plan or commenced backfilling of the site. <br />12. 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 <br />water 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 this 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 />In accordance with approach no. 4, you have provided an affidavit dated January <br />27, 2012, that dedicates 0.5 shares of Hillsborough Ditch water as replacement <br />water solely for this SWSP for as long as there are depletions at this gravel pit <br />site or until such time as another replacement source is obtained. A copy of the <br />affidavit is attached to this letter. For the purposes of this SWSP, this affidavit <br />