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Mr. Nathan D. Phelps <br />April 20, 2015 <br />Page 3 of 5 <br />CONDITIONS OF APPROVAL <br />I hereby approve the proposed SWSP in accordance with S 37 -90 -137 (11), C.R.S., subject <br />to the following conditions: <br />1. Except as noted in condition no. 2 below, this SWSP is approved with the <br />effective date of April 1, 2015 and shall be valid through March 31, 2016 unless <br />otherwise revoked or modified. 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 <br />this office with the statutory fee (currently $257) no later than January 1, 2016. <br />2. The Applicant shall provide documentation of the new replacement water <br />supply from AGUA by September 25, 2015 for the fully consumable water to <br />replace depletions from the operation of this gravel pit site. The Applicant shall <br />provide a copy of the lease to the State Engineer's Office, Division Engineer, and <br />Water Commissioner. If a lease is not provided by September 25, 2015, this <br />plan shall expire on that date and all use of water under this SWSP must cease. <br />3. Any future SWSP renewal request for the North River shall either utilize a lagging <br />analysis which incorporates methods that are physically relevant to this site (ie a <br />Glover analysis with a no flow boundary) or shall include justification for the use of <br />the Stream Depletion Factor methodology obtained from USGS Publication 72 -192. <br />4. The total surface area of the groundwater at the North River Pit site must not <br />exceed 8.06 acres during the SWSP period which results in a maximum evaporative <br />annual loss of 32.40 acre -feet. <br />5. Total consumption at the North River Pit site must not exceed the aforementioned <br />amounts unless a new SWSP application is made and approved for such. <br />6. No mining is proposed to occur at the site during the period of this SWSP. If <br />Applicant proposes to resume mining, the Applicant must first submit an <br />application and obtain approval for a new SWSP that adequately addresses all <br />stream depletions that result from the proposed mining activities. <br />7. The replacement water that is the subject of this plan cannot be sold or leased to <br />any other entity. As a condition of subsequent renewals of this SWSP, the <br />replacement water must be appurtenant to this site until a plan for augmentation <br />is obtained. All replacement water must be concurrent with depletions in quantity, <br />timing and location, except that releases aggregated at the discretion of the <br />Division Engineer or the Augmentation Coordinator may occur in a later month <br />than the depletions. <br />-OF 'Co to <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us I y�� o <br />* 1876 �`i <br />