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<br /> <br />Builder’s Aggregate SWSP August 18, 2017 <br /> Page 5 of 7 <br />$11,750 through the DRMS. According to DRMS, the bond amount will be reevaluated to fully <br />cover the exposed groundwater once the SWSP and well permit are issued for the operation. <br />Conditions of Approval <br />I hereby approve the proposed SWSP in accordance with § 37-90-137(11), C.R.S. subject to <br />the following conditions: <br /> <br />1. This SWSP is approved with the effective date of August 18, 2017 and shall be valid through <br />March 31, 2018 unless revoked or superseded by a decree. This plan will be extended until March <br />31, 2019 if the lease for replacement water is renewed through March, 2019 and a copy of the <br />renewed lease and a revised version of Table 2 that extends through March 2019 is provided to this <br />office, the Division Office, and the water commissioner by the end of March 2018. Additional <br />SWSPs are required until a court decreed plan for augmentation is obtained for the proposed uses. <br />If this plan is not decreed in water court by the SWSP expiration date, a renewal request must be <br />submitted to this office with the statutory fee of $257 no later than February 15, 2018 (or <br />February 15, 2019 if extended). <br />2. Approval of this SWSP is for the purposes stated herein: evaporation, water removed with mined <br />product, and the first fill at BA’s operation. A well permit must be issued for the gravel pit in <br />accordance with Section § 37-90-137(2) and (11), C.R.S. prior to the exposure or use of <br />groundwater. A well permit application has been submitted to this office (receipt no. 3680272) and <br />this application is pending evaluation. Until a gravel pit well permit is approved, consumptive use <br />and exposure of groundwater on this site is prohibited. The provisions of § 37-90-137(2), C.R.S. <br />prohibits the issuance of a permit for a well to be located within 600 feet of any existing well, <br />unless the State Engineer finds that circumstances so warrant after a hearing held in accordance <br />with the procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain <br />statements from the owners of all wells within 600 feet, verifying that they have no objection to <br />your use of the proposed well. Should a new well permit be denied for reasons of 600 foot <br />spacing, or any other legitimate reason, approval of this SWSP will be cancelled. <br />3. The total surface area of the groundwater exposed at the BA site must not exceed 3.45 acres, <br />which results in gross evaporation depletions of 14.1 acre-feet per year. In future SWSP requests, <br />the Applicant may elect to replace only the net evaporation of groundwater in order to reduce the <br />stream obligation. <br />4. The total product mined at the BA site shall not exceed 3,000 cubic yards, which results in 1.34 <br />acre-feet of depletions due to water lost with the mined product and the first fill. <br />5. Total consumption at the BA site must not exceed these aforementioned amounts unless an <br />amendment is made to this SWSP. <br />6. The replacement water that is the subject of this SWSP cannot be sold or leased to any other <br />entity. All replacement water must be concurrent with depletions in quantity, timing, and <br />locations. <br />7. All diversions shall be measured in a manner acceptable to the division engineer. The Applicant <br />shall install and maintain such measuring devices as required by the division engineer for <br />operation of this SWSP. In addition, the applicant shall maintain daily records of mined <br />product, ground water exposed to evaporation, replacements, and the amount of water used for <br />each particular purpose. The applicant shall provide a report of these records to the division <br />engineer (Div1Accounting@state.co.us) and the water commissioner (Evan.Snyder@state.co.us) <br />on a monthly basis. The accounting must be submitted within 30 calendar days of the end of the