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East 8th Street SWSP February 12, 2018 Plan ID 4701 Page 3 of 6 Greeley will provide the required augmentation water for the East 8th Street Pit. A copy of the mining lease has previously been provided to this office. A November 21, 2017 letter from Greeley confirming the monthly replacement schedule was provided with this SWSP request and is attached. For this plan period, Greeley will provide a total of 36.2 acre-feet of fully consumable water that has been changed for augmentation use. Greeley anticipates delivering the replacement water to the Cache la Poudre River at Greeley's wastewater treatment plant (WDID 0302312) located approximately 1/2 mile upstream of the East 8th Street Pit. The delivery schedule incorporates a transit loss of 0.13% based on the currently assessed rate of 0.25% per mile. Any releases by Greeley at a location other than its WWTP must be coordinated with the water commissioner to insure the proper transit losses are applied and that no intervening water rights are injured. In addition, if a different transit loss is determined by the division engineer or water commissioner, the Applicant must modify their accounting and replacements as necessary to be consistent with the determined transit loss. Long Term Augmentation In accordance with the letter dated April 30, 2010 from the Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. In accordance with approach number 1, Superior Oilfield Services Co., LTD, has submitted a financial warranty in the amount of $270,000 for the East 8th Street operation, which the Mined Land Reclamation Board has determined equals the estimated costs of reclamation. It is noted that per the mining lease agreement with the City of Greeley (landowner), Greeley has the long term augmentation responsibility at this site. Conditions of Approval I hereby approve this substitute water supply plan, in accordance with § 37-90-137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of November 1, 2017 through October 31, 2018, unless otherwise revoked, modified, or superseded by decree. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257) prior to the expiration date but no later than September 1, 2018. 2. A new well permit must be obtained for the East 8th Street Pit in accordance with § 37-90- 137(2), C.R.S., and this SWSP. A gravel pit well permit application was submitted to this office and is currently pending under receipt no. 3684727. The application will be evaluated subsequent to approval of this SWSP. The provisions of § 37-90-137(2), C.R.S., prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing in accordance with the procedural rules in 2CCR402-5. The hearing will be waived if you are able to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to your use of the proposed well. 3. The total surface area of the groundwater exposed at the site must not exceed 11.5 acres, which results in a maximum annual evaporative loss of 33.64 acre-feet. 4. The annual amount of water used at the East 8th Street Pit, in addition to evaporation and o' fr J Office of the State Engineer 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 4 R www.water.state.co.us !876