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Mr. Paul Bruss, P.E <br />March 24, 2016 <br />Page 4 of 6 <br />CONDITIONS OF APPROVAL <br />This SWSP is hereby approved pursuant to Section 37-90-137(11), C.R.S., subject to the <br />following conditions: <br />1. This current plan shall be valid February 1, 2016 through January 31, 2018, unless <br />otherwise revoked or modified. Should an additional SWSP be requested, such renewal <br />request must be submitted to this office and the Division 2 office (please copy Kathy Trask <br />at Kathv.Trask@state.co.us) with the statutory fee (currently $257) no later than <br />November 2, 2017. <br />2. In accordance with the letter dated April 30, 2010 from the DRMS and as requested <br />herein, explanation and/or documentation must be provided with the next SWSP renewal <br />request which demonstrates that a financial warranty sufficient to cover the cost of <br />backfilling Phases 1 and 7 to a ground surface elevation at least two feet higher than the <br />ground water table has been filed. <br />3. The total surface area of exposed ground water and total consumption at the site may not <br />exceed the amounts given in the attached tables. <br />4. The total combined amount of exposed ground water and dewatered area at the Pueblo <br />East pit may not exceed 37.0 acres. Documentation of pond size may be required by the <br />Division Engineer in the form of an aerial photo evaluation or survey by a Professional <br />Land Surveyor during the plan year or in years covered by subsequent renewals of this <br />plan. <br />5. According to the submittal, the combined exposed surface area of ground water <br />associated with Phases 1 and 2 is a maximum of 32.0 acres; however, well permit No. <br />61509-F only allows for exposure of up to 12.0 acres. Therefore, a new well permit must <br />be obtained in accordance with §37-90-137(2), C.R.S., and this SWSP. Pending application <br />receipt no. 3664433 will be evaluated subsequent to approval of this SWSP. The <br />provisions of S37-90-137(2), C.R.S., prohibit the issuance of a permit for a well to be <br />located within 600 feet of any existing well, unless the State Engineer finds that <br />circumstances so warrant after a hearing in accordance with the procedural rules in <br />2CCR402-5. The hearing will be waived if you are able to obtain statements from the <br />owners of all wells within 600 feet, verifying that they have no objection to your use of <br />the proposed well. <br />6. Release of the PBWW waters must be under the Division Engineer's direction and <br />approval. <br />7. All diversions for dust suppression must be metered in compliance with the "Amended <br />Rules Governing the Measurement of Tributary Ground Water Diversions Located in the <br />Arkansas River Basin." <br />8. Accounting of water in this plan, including excavated area, area of actual groundwater <br />exposure, pumping for dust control, mined product, lagged stream depletions, and <br />replacement water deliveries must be provided to the Water Commissioner and Division <br />1313 Sherman Street, Room 821, Denver, Co 80203 P 303.866.3581 F 303.866.3589 www.water.state.co.us <br />John W. Hickenlooper, Govemor I Robert Randall, Interim Executive Director <br />