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October 29, 2021 <br />Page 4 of 4 <br />change-, to the assessed conveyance loss will be communicated to the Division One Call List via <br />email. <br />Conditions of Approval <br />I hereby approve the proposed SWSP amendment in accordance with § 37-90-137(11), C.R.S. <br />subject to the following conditions: <br />1. This SWSP is approved with the effective date of April 1, 2021 and shall be valid through <br />November 30, 2023 unless otherwise revoked or superseded by decree. If this plan is not <br />decreed in water court by the SWSP expiration date, a renewal request must be submitted <br />to this office with the statutory fee of $257 no later than October 1, 2023. <br />2. Well permit no. 82163-F, was obtained for the current use and exposed pond surface area at <br />the Frei Hatchery Pit in accordance with 937-90-137(2) and (11), C.R.S., and this permit <br />remains valid. <br />3. No groundwater shall be exposed at the site outside of the approved pre-81 area described <br />above. In addition, no dewatering is approved under this SWSP. <br />4. The annual water used for dust control at the Frey Hatchery Pit site shall not exceed 1.0 <br />acre-foot/year, and the total product mined at the Frey Hatchery Pit site shall not exceed <br />765,000 tons of gravel for the period of April 2021 through March 2022 which results in 16.89 <br />acre-feet of water lost with the mined aggregate, 805,000 tons of gravel for the period of <br />April 2022 through March 2023 which results in 17.77 acre-feet of water lost with the mined <br />aggregate and 75,000 tons of gravel in April 2023 which results in 1.66 acre-feet of water <br />lost with the mined aggregate. In order to assure that the depletions from water lost in <br />mined product does not exceed the estimated amount, the Applicant must separately <br />track the amount of product mined above and below the ground water table and <br />separately track the depletions from each. <br />5. Total consumption at the Frey Hatchery Pit site must not exceed these aforementioned <br />amounts unless an amendment is made to this SWSP. <br />6. Approval of this SWSP is for the purposes as stated herein. This office must first approve any <br />additional uses for the water. Any future additional historical consumptive use credit given <br />(e.g., agricultural water transfer) for this site must consider all previous credits given. <br />7. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />8. The replacement water that is the subject of this SWSP cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this SWSP, the replacement water must be <br />appurtenant to this site until a plan for augmentation is obtained. All replacement water <br />must be concurrent with depletions in quantity, timing, and locations. <br />9. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div1Accounting@state.co.us), the water commissioner (Jorge Vidal at <br />Jorge. Vida 12state. co. us), and the South Platte River operations coordinator <br />(Brent. Schantzostate.co.us) on a monthly basis. All amounts shall be in acre-feet. <br />In addition, the Applicant shall verify that the entity making replacements has included the <br />Applicant on their accounting and submitted their accounting to the division office and the <br />water commissioner; for this SWSP, that entity is the City of Aurora. The report shall include <br />an accounting of all fully consumable effluent from Aurora's wastewater treatment plant <br />