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Cheryl Signs, P.E. <br />Durham Pit, M-1978-056 <br />May 24, 2004 <br />Page 3 <br />2. A well permit must be issued for the gravel pit in accordance with Section § 37-90-137(2) and <br />(11), C.R.S. A well permit application was submitted to this office under receipt no. 511082, <br />and this application is pending evaluation. The provisions of § 37-90-137(2) C.R.S. prohibit <br />the issuance of a permit for a well to be located within 600 feet of any existing well, uhless the <br />State Engineer finds that circumstances so warrant after a hearing held in accordance with the <br />procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain <br />statements from the owners of all wells within 600 feet, verifying that they have no objection to <br />your use of the proposed well. Should a new well permit be denied for reasons of 600-foot <br />spacing, or any other legitimate reason, approval of this substitute water supply plan will be <br />cancelled. <br />3. The total surface area of the groundwater exposed after December 31, 1980 must not exceed <br />79.2 acres, which results in a maximum evaporative annual loss at the Durham Pit of 187.86 <br />acre-feet. <br />4. The annual water used for dust control at the Dufiam Pit shall not exceed 2.8 acre-feet, and <br />the total product mined at the Dufiam Pit site shall not exceed 267,931 tons per year, which <br />results in 7.8 acre-feet of water lost with the mined aggregate. <br />5. Total consumption at the Dufiam Pit must not exceed these aforementioned amounts unless <br />an amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. This office must first approve any <br />additional uses for the water. Any future additional historic consumptive use credit given (e.g., <br />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 water attributable to 5 shares of the Greeley Canal No. 3 and Fossil Creek Reservoir <br />must continue to be diverted in priority at the ditch and reservoir then measured back to the <br />Cache La Poudre River in the vicinity of the Durham Pit. Adequate measuring devices <br />acceptable to the water commissioner must be installed. <br />9. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. <br />A copy of this approval letter should be recorded with the County Clerk and Recorder. All <br />replacement water must be concurrent with depletions in quantity, timing, and locations. <br />10. Adequate accounting of depletions and replacements must be provided to the division <br />engineer and water commissioner on a monthly basis or other interval acceptable to both of <br />them. The accounting provided with your application is subject to modification and approval <br />by the division engineer. All amounts shall be in acre-feet. <br />11. The name, mailing address, and phone number of the contact person who will be responsible <br />for operation and accounting of this plan must be provided on the accounting forms to the <br />division engineer and water commissioner. <br />12. If reclamation of the mine site will produce a permanent water surface exposing groundwater <br />to evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three years prior to the completion of mining to include, but not be limited <br />to, long-term evaporation losses and lagged depletions. If a lined pond results after <br />