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  <br />Mr. Paul Bruss, P.E.  <br />April 12, 2018  <br />Page 4 of 6  <br />  <br />CONDITIONS OF APPROVAL  <br />   <br />I hereby approve the proposed SWSP in accordance with Section 37-90-137(11),C.R.S.,             <br />subject to the following conditions:  <br />  <br />1.This SWSP shall be valid for the period of August 1,2017 through July 31,2018,unless                  <br />otherwise revoked or superseded by decree.Should an additional SWSP be requested,             <br />such renewal request must be submitted to this office and the Division 2 office (please                <br />copy Kathy Trask at Kathy.Trask@state.co.us and Bethany.Arnold@state.co.us )with         <br />the statutory fee per gravel pit (currently $257) by June 1, 2018 .  <br />  <br />2.No more than 44 acres (26.6 acres of post-1981 exposure)of ground water may be                <br />exposed at the Rocky Ford East Pit during this plan year without first obtaining a new                 <br />SWSP.The above acreage totals include any surface areas in ponds to which              <br />dewatering water is delivered.Documentation of pond sizes 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.  <br />  <br />3.Any future renewal request must include evidence and/or documentation that the            <br />Applicant has filed a financial warranty that will ensure backfilling of the pit(s)to               <br />cover the exposed ground water to a depth of two feet above the static ground                <br />water level,as required by the April 30,2010 letter from DRMS.Please note that                <br />any future renewal may not be approved without this information.  <br />  <br />4.Subject to approval by the Division Engineer,the Applicant may lease or purchase              <br />additional replacement water from the sources approved in this plan.In addition,the              <br />Applicant must also provide a copy of a lease/purchase agreement to the State              <br />Engineer’s Office and the Division Engineer for use of such additional replacement             <br />water.  <br />  <br />5.Approval of this SWSP is for the purposes stated herein.The State Engineer’s Office               <br />must first approve any additional uses for which the water may be used.The               <br />replacement water,which is the subject of this SWSP,cannot be sold or leased to any                 <br />other entity during the term of this SWSP without prior approval of the Division               <br />Engineer.  <br />  <br />6.Replacement water shall be made available to cover all out-of-priority depletions in             <br />time,place,and amount and shall be made available under the direction and/or              <br />approval of the Water Commissioner.The replacement water that is the subject of              <br />this plan cannot be sold or leased to any other entity.   <br />  <br />7.Conveyance loss for delivery of augmentation water to the Arkansas River is subject to               <br />assessment and modification as determined by the Division Engineer.  <br />