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Mr. Andrew Rodriguez <br />December 21, 2004 <br />Page 2 <br />The proposed source of replacement water for this pit is 56.1 acre-feet of fully <br />consumable effluent leased from the City of Thomton. The Thomton water will be released from <br />the Metro Wastewater Treatment plant, which is located approximately 35 mile upstream of the <br />operation. Of the 56.1 acre-feet of lease water from the City of Thomton, approximately 8.1 acre- <br />feetwill cover transit losses (17.5% total based on 0.5% per mile for the 35 miles from the Metro <br />wastewater treatment plant to the Heit Sand and Gravel Mine). The amount of City of Thomton <br />replacement water that reaches the Heit Sand and Gravel Mine is 48.0 acre-feet. The monthly <br />depletions and replacement requirements are found on the attached Table 3. <br />As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has <br />been provided to an outside consultant for review. I hereby approve the proposed substitute <br />water supply plan in accordance with §37-90-137(11), C.R.S., subject to the following conditions: <br />1. This plan approval shall be valid through March 31, 2006, unless otherwise <br />revoked or modified. If this plan will not be made absolute by a water court action <br />by the plan's expiration date, a renewal request must be submitted to this office <br />with the statutoryfee (currently $217) by February 1, 2006. <br />2. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) <br />and (11), C.R.S. prior to the exposure or use of groundwater. A well permit must <br />also be obtained for well no. 20136-R in accordance with §37-90-137(2), C.R.S. to <br />change the use of the well to dust suppression and concrete batching prior to <br />commencing such uses. Any application will be evaluated subsequent to approval <br />of this plan. The provisions of §37-90-137(2) C.R.S. prohibit-the issuance of a <br />permit for a well to be located within 600 feet of any existing well, unless the State <br />Engineer finds that circumstances so warrant after a hearing held in accordance <br />with the procedural rules in 2CCR402-5. This hearing may be waived if you are <br />able to obtain statements from the owners of all wells within 600 feet, verifying that <br />they have no objection to your use of the proposed well. Should a new well permit <br />be denied for reasons of 600 foot spacing, or any other legitimate reason, approval <br />of this substitute supply plan will be cancelled. <br />3. The losses associated with this mining operation must not exceed a total of 46.3 <br />acre-feet for the duration of this permit approval. These losses include 14.2 acre- <br />feet of evaporation from the proposed exposure of 4.8 acres of groundwater, 14.7 <br />acre-feet of water lost in 500,000 tons of mined aggregate, 15.5 acre-feet <br />consumed in batching of 150,000 cubic yards of concrete and 1.9 acre-feet used <br />for dust suppression. Should the annual losses at the site exceed 4.31 acre-feet <br />prior to the expiration of this plan, an amendment will need to be filed. <br />4. A copy of the signed City of Thomton lease shall be submitted to the Division <br />Engineer and State Engineer's Office prior to exposing ground water at the site. <br />5. Approval of this plan is for the purposes as stated herein. Any additional uses of <br />this water must first be approved by this office. <br />