2019-07-30_PERMIT FILE - M1996052

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L.G. Everist Combined SWSP Page 13 of 16 March 14, 2018 the District 3 Water Commissioner when making releases from this reservoir. Credit will not be given to any releases not measured and recorded to the satisfaction of the District 3 Water Commissioners or Division Engineer or if the date and amount of the release is not clearly reported in the monthly accounting for the reservoir. A monthly breakdown of the stream depletions from the mining operations as well as the replacements are shown in the attached Tables 10, 12, and 13. Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with Section 5 37-90- 137(11), C.R.S. subject to the following conditions: 1. This plan is approved with an effective date of January 25, 2018 and shall be valid through December 31, 2019 unless otherwise revoked or modified. 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/pit) for each gravel pit no later than November 1, 2019. 2. Well permits must be obtained for the current use and exposed surface area at the Firestone Pit, and Fort Lupton Sand and Gravel Pit in accordance with S37-90-137(2) and (11), C.R.S. in conjunction with this plan. Well permit applications were submitted with the SWSP request (receipt nos. 3684358 and 3684359) and these applications are pending evaluation. The provisions of Colorado Revised Statute 37-90-137(2) prohibits 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 held in accordance with the procedural rules in 2CCR402-5. This hearing may 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. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan may be cancelled. 3. Well permits were obtained for the current use and exposed pond surface area at the Carbon Valley Pit, Rinn Valley Pit and Star Water Resources in accordance with 537-90-137(2) and (11), C.R.S., permit nos. 70326-F, 78127-F and 74929-F, respectively. At the time it is determined that all lagged depletions from previous mining have been replaced, the Applicant should file a request in writing with the State Engineer's office requesting cancellation of permit no. 78127-F. 4. The total area of pond surface exposed for each of the pits shall not exceed those values listed in Table A of this approval. Should the total surface area exposed exceed those amounts, an amendment request shall be promptly filed with this office. 5. The total amount of ground water to be appropriated from each of the pits shall not exceed the values listed in Table D of this approval. 6. Approval of this plan is for the purposes as stated herein. Any additional uses of water must first be approved by this office. Any future additional historical consumptive use credit given (e.g., agricultural water transfer) for this site must consider all previous credits given. 7. All pumping for dust control shall be measured in a manner acceptable to the division engineer. 8. All releases from the Star Water Resource Reservoir shall be measured in a manner acceptable to the water commissioner and division engineer. 9. The replacement water, which is the subject of this plan, cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the