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Mr. Mark McLean, P.E. April 21, 2017 <br /> Page 4 of 5 <br /> not be approved if not submitted with the explanation and/or documentation requested <br /> above. <br /> 3. Operational losses of ground water at the site under this SWSP shall be limited to the amounts <br /> listed in Table 2, attached. Should the operator require additional operational losses of ground <br /> water at this site, a new SWSP must be obtained. <br /> 4. The mined cell must be maintained in a de-watered state to the extent that the exposed water <br /> surface area does not exceed a total of 6.1 acres including all ponds, collection areas, <br /> dewatering trenches, and return trenches. If the actual water surface exposure exceeds 6.1 <br /> acres, the additional evaporative depletion must be accounted for and replaced via a new SWSP <br /> obtained by the Applicant. <br /> 5. The consumption associated with this mining operation is limited to evaporation, dust <br /> suppression, and water lost in product not to exceed a total of 29.91 acre-feet in lagged <br /> depletions during the 2017 - 2018 plan year. All diversions for dust suppression must be <br /> metered in compliance with the Amended Rules Governing the Measurement of Tributary <br /> Ground Water Diversions Located in the Arkansas River Basin. A certified totalizing flow <br /> meter must be maintained. <br /> 6. AGUA/Fremont Paving agree to replace out-of-priority depletions to senior surface water rights <br /> in Colorado and depletions to usable Stateline flows occurring after the expiration date of the <br /> plan (March 31, 2018) that are caused by diversions of ground water during the life of the SWSP. <br /> According to the renewal request, "AGUA has agreed to provide 5.68 acre-feet of fully <br /> consumable recharge credits from its Excelsior Recharge Ponds during the period of April 2018 <br /> through March 2019 if needed." <br /> 7. Releases of water by AGUA pursuant to this plan shall be coordinated with the Division Engineer <br /> and the Augmentation Coordinator and shall equal or exceed the depletions to be replaced on a <br /> monthly basis. <br /> 8. Accounting of water in this plan, including excavated area, area of actual ground water <br /> exposure, pumping, stream depletions, and replacement water deliveries must be provided to <br /> the Water Commissioners (Doug.HollisterCstate.co.us and Steve.Stratman@state.co.us) and <br /> Division Engineer (Augmentation.Coordinator@state.co.us) on forms and at times acceptable to <br /> them. Said accounting must be received by the 10t of the month following the month being <br /> reported. The name, mailing address, and phone number of the contact person who is <br /> responsible for operation and accounting of this plan must be provided on the accounting forms. <br /> Accounting and reporting procedures are subject to approval and modification by the Division <br /> Engineer. <br /> 9. The approval of this SWSP does not relieve the Applicant and/or landowner of the requirement <br /> to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to <br /> ensure the permanent replacement of all depletions, including long-term evaporation losses and <br /> lagged depletions after gravel mining operations have ceased. If reclamation of the mine site <br /> will produce a permanent water surface exposing ground water to evaporation, an application <br /> for a plan for augmentation must be filed with the Division 2 Water Court at least three (3) <br /> years prior to the completion of mining to include, but not be limited to, long-term evaporation <br /> losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br /> depletions shall continue until there is no longer an effect on stream flow. Granting of this plan <br /> does not imply approval by this office of any such court application(s). <br />