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Melanie Lawrence January 2, 2007 Page 4 2. Anew well permit must be obtained for the gravel pit in accordance with Section §37-90- 137(2) and (11), C.R.S., prior to increasing the operational consumptive use. In addition a well permit must be obtained for the batch plant well in accordance with Section §37-90- 137(2) prior to construction of the well. The provisions of §37-90-137(2) C.R.S. prohibit the issuance of a permit for a well to be located within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners of all well within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit for the gravel pit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be cancelled. The losses associated with this mining operation must not exceed a total of 75.22 acre- feet for the duration of this permit approval. These losses include 40.04 acre-feet of evaporation from the proposed maximum exposure of up to 13.5 acres of groundwater, 5.0 acre-feet of water used for dust suppression, 17.66 acre-feet of water lost in 600,000 tons of mined aggregate and 12.42 acre-feet for concrete hatching. Should the losses associated with the mining operation exceed 75.22 acre-feet or the lagged annual depletions to the South Platte River exceed 65.64 acre-feet prior to the expiration date of this plan, an amendment will need to be filed with this office. 4. A copy of the lease with the City of Longmont must be submitted to the State Engineer's Office by December 31, 2006. 5. Dewatering at this site, outside of an approved liner, will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the site ceases the delayed depletions must be addressed. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions will be replaced, in time, place and amount. 6. All pumping for dust control shall be measured in a manner acceptable to the division engineer. The approval of this substitute water supply plan does not relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application fora plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow.