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Mr. Rick Parsons, P.E. <br /> October 27, 2014 <br /> Page 3 <br /> Conditions of Approval <br /> I approve the proposed substitute water supply plan in accordance with Section 37-90-137(11), <br /> C.R.S., subject to the following conditions: <br /> 1. This SWSP shall be valid for the period of July 1, 2014 through June 30, 2016, unless otherwise <br /> revoked, modified, or superseded by decree. If this plan will not be made absolute by a water <br /> court action by the plan's expiration date, a renewal request must be submitted to this office with <br /> the statutory fee (currently $257) by May 15, 2016. <br /> 2. Well permit, no. 65464-F was obtained for the current use and exposed pond surface area of <br /> the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. <br /> 3. The total surface area of the groundwater exposed at the S&H Mine must not exceed 10.8 acres <br /> during the approval period of this SWSP, resulting in an annual evaporative loss of 31.0 acre-feet. <br /> 4. Total consumption at the S&H Mine must not exceed the aforementioned amounts unless an <br /> amendment is made to this plan. <br /> 5. There are no current mining activities occurring at this pit and as such the only depletions <br /> covered under this SWSP are those caused by evaporation from a ground water pond that <br /> resulted from past mining operations. Any additional uses of water must first be approved by <br /> this office. <br /> 6. All releases of replacement water must be sufficient to cover all out-of-priority depletions in time, <br /> place, and amount and must be made under the direction and/or the approval of the water <br /> commissioner. The release of replacement water may be aggregated to maximize beneficial <br /> use. The water commissioner and/or the division engineer shall determine the rate and timing <br /> of an aggregated release. <br /> 7. Adequate accounting of depletions and replacement must be provided to the division engineer <br /> in Greeley (Div1Accounting(@-state.co.us) and the water commissioner (William (Bill) Schneider <br /> at William.Schneider(a),state.co.us within 30 calendar days of the end of the month for which the <br /> accounting is being made. All amounts shall be in acre-feet and submitted accounting shall <br /> conform to the Administration Protocol "Augmentation Plan Accounting, Division One — South <br /> Platte River"(attached). <br /> 8. 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 on the accounting forms to the Division <br /> Engineer and Water Commissioner. <br /> 9. The approval of this substitute water supply plan does not relieve the Applicant and/or the <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 site 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 from mining and dewatering shall continue <br /> until there is no longer an effect on stream flow. <br /> 10. This substitute water supply plan may be revoked or modified at any time should it be <br /> determined that injury to other vested water rights has or will occur as a result of this plan. <br /> Should this substitute water supply plan expire without renewal or be revoked prior to <br />