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Mr. Phillippe L. Martin, Ms. Carrie Spritzer September 19, 2006 Page 2 Water for dust control and augmentation at the site will be provided by nontributary Laramie-Fox Hills aquifer water pumped from well no. 64401-F. The well is limited to an average annual withdrawal of 15.6 acre-feet per year and is permitted for industrial, commercial, augmentation, dust control, residential and domestic uses. Depletions The annual depletion resulting from evaporation from the 2 acres of exposed ground water is 5.7 acre-feet. Between June 1, 2006 and December 31, 2006 the water lost in mined product will be 10.61 acre-feet from 360,000 tons of mined product. The SWSP request anticipates that the slurry wall will be approved prior to January 1, 2007. Once the slurry wall is approved the applicant is no longer required to replace depletions resulting from water lost in mined product, therefore the plan does not show any depletions from water lost in mined product after January 1, 2007. Depletions resulting from evaporation and water lost in product were lagged to the stream system based on a Glover analysis and assuming a Stream Depletion Factor ("SDF") of 120 days. The lagged depletions are shown in attached Table 2. Those lagged depletions account for depletions that result from previous operations at the site. Replacements The replacements sources for this plan are nontributary Laramie-Fox Hills water withdrawn by well no. 64401-F and fully consumable changed Fulton Ditch water leased from the City of Brighton. The applicant has leased water from Brighton for replacements in August, September and October of 2006. That water will be released to the South Platte River from Brighton's Midland augmentation station. The nontributary Laramie-Fox Hills water wil{ either be discharged into the Ski Lake and recharged back to the river or discharged directly to the river via Brighton's 124`" Avenue Pipeline. If the water is discharged into the Ski Lake, the accretions will be lagged to the river based on a SDF of 100 days. The replacement schedule for 2006 through 2008 is shown in the attached Table 3. Conditions of Approval I hereby approve this substitute water supply plan, in accordance with Section 37-90- 137(11), C.R.S., subject to the following conditions: This SWSP shall be valid for the period of June 1, 2006 through December 31, 2006, unless otherwise revoked, modified, or superceded by decree. If the applicant provides evidence to the State Engineer's office that the slurry wall has been approved, prior to January 1, 2007, this plan shall be extended until May 31, 2008. {f this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257) by December 15, 2006 (March 1, 2008 if extended).