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Mr. Heintz & Ms. Wynne Page 6 of 7 <br />MMM South Platte Combined Replacement Plan <br />January 28, 2013 <br />In addition, the applicant shall verify that each entity making replacements for this plan are <br />identifying this use on that entities' accounting submitted to our office. For the period of this <br />plan, that entity is the City of Aurora (WDID 0802593 — Aurora Reuse). <br />7. All releases of replacement water must be sufficient to cover all out of priority depletions and be <br />made under the direction and /or approval of the Water Commissioner(s). The replacement <br />may be aggregated to maximize beneficial use. The Water Commissioner(s) and /or Division <br />Engineer shall determine the rate and timing of an aggregated release. <br />8. 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. <br />All replacement water must be concurrent with depletions in quantity, timing, and locations. <br />The use of replacement water must be in compliance with all agreements with the providers of <br />replacement water. <br />9. Dewatering of Riverbend East site will produce delayed depletions to the stream system. This <br />dewatering is not at a constant rate and thus monthly dewatering volumes must be reported <br />and adequately accounted for monthly. At least three years prior to completion of mining, a <br />plan must be submitted that specifies how the post pumping dewatering depletions (including <br />refilling the pit) will be replaced in time, place and amount. The Applicant is hereby notified <br />that if dewatering commences at any of the other sites included in this plan, then the <br />SWSP must be amended immediately. <br />10. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of <br />Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply <br />with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations <br />for the protection of water resources. The April 30, 2010 letter from DRMS requires that you <br />provide 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 letter identifies <br />four approaches to satisfy this requirement. For the Riverbend West site, approach no. 1 and <br />no. 3 will be utilized as evidenced by the Applicant's bond in the amount of $3,450,600. The <br />approaches in the DRMS letter are not applicable to the Howe Pit and Riverbend East Pit as <br />Denver Water is the permit holder and bonds are not required for municipal entities. <br />11. Approval of this plan is for the purposes as stated herein. This office must first approve any <br />additional uses for which the water may be used. <br />12. 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 plan for <br />augmentation or mitigation to ensure the permanent replacement of all depletions, including <br />long -term evaporation losses and lagged depletions after gravel mining operations have <br />ceased. If reclamation of the mine sites will produce a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed with the <br />Division 1 Water Court at least three (3) years prior to the completion of mining to include, but <br />not be limited to, long -term evaporation losses and lagged depletions. If a lined pond results <br />after reclamation, replacement of lagged depletions shall continue until there is no longer an <br />effect on stream flow. <br />13. The name, address, and phone number of a contact person who will be responsible for the <br />operation and accounting of this plan must be provided to the Water Commissioner(s) and the <br />Division Engineer. <br />