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Nathan Phelps <br /> April 10, 2020 <br /> Page 3 of 5 <br /> REPLACEMENTS <br /> All Rite leased fully consumable water from AGUA and will use this leased water as the source <br /> of replacement water through March 31, 2021. A copy of the perpetual lease was provided <br /> with a previous SWSP request and is attached to this letter. <br /> ACCOUNTING <br /> The attached Table 2 is the monthly accounting form that will be used for determining water <br /> use and stream depletions. All Rite will submit the monthly pit area to AGUA, which will then <br /> submit the monthly water accounting to the Division Engineer. <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 /> 1. This SWSP is approved with the effective date of April 1, 2020 and shall be valid <br /> through March 31, 2021 unless otherwise revoked or superseded by decree. Should an <br /> additional SWSP be requested, such renewal request must be submitted to this office <br /> and the Division 2 office (please copy Kathy Trask at Kathy.Trask@state.co.us and <br /> Bethany.Arnold@state.co.us) with the statutory fee per gravel pit (currently $257) by <br /> February 1, 2021. <br /> 2. The total surface area of the groundwater at the North River Pit site must not exceed <br /> 7.42 acres during the SWSP period, which will result in a net annual evaporative <br /> depletion of 29.87 acre-feet. <br /> I Total consumption at the North River Pit site must not exceed the aforementioned <br /> amounts unless a new SWSP application is made and approved for such. <br /> 4. No mining is proposed to occur at the site during the period of this SWSP. If Applicant <br /> proposes to resume mining, the Applicant must first submit an application and obtain <br /> approval for a new SWSP that adequately addresses all stream depletions that result <br /> from the proposed mining activities. <br /> 5. The replacement water that is the subject of this plan cannot be sold or leased to any <br /> other entity. As a condition of subsequent renewals of this SWSP, the replacement <br /> water must be appurtenant to this site until a plan for augmentation is obtained. All <br /> replacement water must be concurrent with depletions in quantity, timing and <br /> location, except that releases aggregated at the discretion of the Division Engineer or <br /> the Augmentation Coordinator may occur in a later month than the depletions. <br /> Releases of water by AGUA pursuant to this plan shall be coordinated with the Division <br /> Engineer and the Augmentation Coordinator. All releases of water by AGUA are subject <br /> to transit losses, which shall be assessed by the Water Commissioner and Division <br /> Engineer. <br />