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Mr. Rick Parsons, P.E. February 10, 2016 <br /> L.G. Everist Combined SWSP <br /> Page 10 of 14 <br /> Cache La Poudre River <br /> During the period of this SWSP, the Applicant will use water released from Star Water Resource <br /> Reservoir. L.G. Everist has fully reusable supplies stored in the Star Water Resource Reservoir. As <br /> mentioned above a total of 845 acre-feet of water was stored in April 2015. The water in storage is <br /> available for replacement purposes. No transit losses are being assessed to cover the Cache La Poudre <br /> Pit since the reservoir is located on the DRMS permitted boundary of the pit. The applicant shall <br /> obtain prior permission from the District 5 Water Commissioner when making releases from this <br /> reservoir. Credit will not be given to any releases not measured and recorded to the satisfaction of <br /> the District 3 Water Commissioners or Division Engineer. <br /> A monthly breakdown of the stream depletions from the mining operations as well as the <br /> replacements are shown in the attached Tables 11, 13, and 15. <br /> Conditions of Approval <br /> I hereby approve the proposed substitute water supply plan in accordance with Section 5 37-90- <br /> 137(11), C.R.S. subject to the following conditions: <br /> 1. This plan is approved with an effective date of January 1, 2016 and shall be valid through <br /> December 31, 2017 unless otherwise revoked or modified. If this plan will not be made absolute <br /> by a water court action by the plan's expiration date, a renewal request must be submitted to <br /> this office with the statutory fee (currently $257/pit) for each gravel pit no later than November <br /> 1, 2017. <br /> 2. Well permits must be obtained for the current use and exposed surface area at the Firestone Pit, <br /> and Fort Lupton Sand and Gravel Pit in accordance with 537-90-137(2) and (11), C.R.S. in <br /> conjunction with this plan. Well permit applications were submitted with the SWSP request <br /> (receipt nos. 3672425A and 3672425B) and these applications are pending evaluation. The <br /> provisions of Colorado Revised Statute 37-90-137(2) prohibits the issuance of a permit for a well <br /> to be located within 600 feet of any existing well, unless the State Engineer finds that <br /> circumstances so warrant after a hearing held in accordance with the procedural rules in <br /> 2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners of <br /> all wells within 600 feet, verifying that they have no objection to your use of the proposed well. <br /> Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate <br /> reason, approval of this substitute supply plan may be cancelled. <br /> 3. Well permits were obtained for the current use and exposed pond surface area at the Carbon <br /> Valley Pit, Rinn Valley Pit and Star Water Resources in accordance with S37-90-137(2) and (11), <br /> C.R.S., permit nos. 70326-F, 78127-F and 74929-F, respectively. <br /> 4. The total area of pond surface exposed for each of the pits shall not exceed those values listed <br /> in Table A of this approval. Should the total surface area exposed exceed those amounts, an <br /> amendment request shall be promptly filed with this office. <br /> 5. The total amount of ground water to be appropriated from each of the pits shall not exceed the <br /> values listed in Table D of this approval. <br /> 6. Approval of this plan is for the purposes as stated herein. Any additional uses of water must <br /> first be approved by this office. Any future additional historical consumptive use credit given <br /> (e.g., agricultural water transfer) for this site must consider all previous credits given. <br /> 7. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br /> 8. All releases from the Star Water Resource Reservoir shall be measured in a manner acceptable <br /> to the water commissioner and division engineer. <br />