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<br />Richard T. Raines <br />September 30, 2002 <br />Page 2 <br />Division Engineer within two weeks of this approval, it will be assumed that the <br />applicant has accepted, and will operate this plan in accordance with, the following <br />conditions. Unless otherwise revoked or modified, this plan shall then be valid through <br />September 31, 2004. If construction and proof of the liner will not be completed by the <br />plan's expiration date, a renewal request must be submitted to this office with the <br />statutory fee (currently $217) by August 15, 2004. <br />2. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and <br />(11), C.R.S. prior to exposure or use of ground water, The provisions of Colorado <br />Revised Statute 37-90-137(2) prohibits the issuance of a permit for a well to be <br />located within 600 feet of any existing well, unless the State Engineer finds that <br />circumstances so warrant afters hearing held in accordance with the procedural rules <br />in 2CCR402-5. This hearing may be waived if you are able to obtain statements from <br />•the owners of all wells within 600 feet, verifying that they have no objection to your use <br />of the proposed well. In your submittal you indicated that you had obtained a waiver <br />from the one affected well owner. However, if a new well permit is denied for reasons <br />of 600 foot spacing, or any other legitimate reason, approval of this substitute supply <br />plan will be cancelled. An application fora well permitwas submitted on May 21, 2002 <br />(receipt no.492712) and is pending further action in this office. <br />3. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />plan. <br />4. The water surface area of the groundwater exposed shall not exceed 59.5 acres and <br />the total construction water used will not exceed 32.0 acre-feet. Total consumption at <br />the pit must not exceed these amounts unless an amendment is made to this plan. <br />5. Approval of this plan is for the purposes stated herein. Any additional uses for which <br />the water may be used must first be approved by this office. <br />6. All pumping for construction water shall be measured in a manner acceptable to the <br />Division Engineer. <br />If reclamation of the mine site produces a permanent water surface exposing <br />groundwater to evapor~tion,~n appiieatiafr#ar a-ptanfietat~gmentatiorrmnsttie-filed- <br />with the Division 1 Water Court at least three (3) years prior to the completion of <br />mining to include, but not be limited to, long-term evaporation losses. If a lined pond <br />results after reclamation, replacement of lagged depletions shall continue until there is <br />no longer an effect on stream flow. Granting of this plan does not imply approval by <br />this office of any such court application(s). <br />8. 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 substitute water supply <br />plan, the replacement water must be appurtenant to this site until a plan for <br />augmentation is obtained. A copy of this approval letter should be recorded with the <br />County Clerk and Recorder. All replacement watermust be concurrentwith depletions <br />