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Mr. Steve Nguyen <br />October 27, 2006 <br />Page 3 <br />2. A well permit must be obtained for the gravel pit in accordance with Section §37-90- <br />137(2) and (11), C.R.S. The Applicant has submitted a well permit application under <br />receipt no. 3608956. 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 with <br />the procedural rules in 2CCR402-5. This hearing may be waived if you are able to <br />obtain statements from the owners of all wells within 600 feet, verifying that they have <br />no objection to your use of the proposed well. Should a new well permit be denied for <br />reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute <br />supply plan will be cancelled. <br />The total area of exposed pond surface shall not exceed 1.6 acres. Total consumptive <br />use of the mining operation shall not exceed 22.58 acre-feet of which 4.6 acre-feet is <br />due to evaporative losses, 6.2 acre-feet is due to dust suppression and 11.77 acre-feet <br />is due to water remove in product (4% moisture of 400,000 tons of raw material). <br />Should the total consumption at the pit exceed these amounts prior to the expiration <br />date of this plan, an amendment needs to be filed with this office. <br />4. Approval of this plan is for the purposes as stated herein. Any additional uses_of this <br />water must first be approved by this office. <br />5. The Water Commissioners responsible for the administration of this plan are Mr. Robert <br />Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-0742. The applicant <br />shall maintain daily records of all diversions, replacements, and the amount of water <br />used for each particular purpose. The applicant shall provide a report of these records <br />to the division engineer and the water commissioners on a monthly basis on a form <br />approved by them. The accounting must be submitted within thirty (30) calendar days of . <br />the end of the month for which the accounting is being made. <br />In addition, the applicant shall submit reports from Consolidated and Greeley. The <br />reports shall include an accounting of all replacement water controlled by Consolidated <br />and Greeley, showing the total volume of water under their control and the amount <br />committed to each of the recipients of the water. <br />6. All diversions shall be measured in a manner acceptable to the division engineer. The <br />Applicant shall install and maintain such measuring devices as required by the division <br />engineer for operation of this SWSP. <br />7. All releases of replacement water must be sufficient to cover all out of priority depletions <br />and be made under the direction and/or approval of the water commissioner. <br />8. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the <br />accounting forms to the division engineer and water commissioner. <br />9. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a <br />