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}. Ms. Cristyn R. Radabaugh Page 2 Green/Croissant M2001-022 January 22, 2007 edge of the alluvium = 2,910 feet, and the distance from the centroid of the exposed surface water areas to the Big Thompson River is approximately 1,820 feet in 2,007 and approximately 1,670 feet in 2008. The proposed source of replacement wafer for this pit is fully consumable effluent leased from the City of Loveland and made available at its wastewater treatment plant. Monthly replacements are calculated as total monthly depletions plus 1.85 percent transit losses from the Loveland wastewater treatment plant to the pit site. The long-term replacement requirement wilt be provided by the 25-year lease with the City of Loveland (the lease expires December 31, 2022}. A copy of the lease is attached to this letter. The monthly depletions and replacement requirements are found on the attached Tables 2 and 3. I hereby approve the proposed substitute water supply plan in accordance with §37-90- 137(11), C.R.S. subject to the following conditions: 1. This plan shall be valid for the period of January 1, 2007 through December 31, 2007, unless otherwise revoked or modified. This plan will be extended until October 31, 2008, if the applicant provides confirmation to this office, the water commissioner and the division office by December 31, 2007 that the City of Loveland has adequate physical water supplies available to cover the 2008 gravel pit depletions. 2. If 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} no later than November 15, 2007 or November 15, 2008, subject to the requirements of condition 1 above. A weft permit was obtained for the current use and exposed pond surface area of the gravel pit, permit no. 60236-F in accordance with §37-90-137(2) and (11), C.R.S. A new well permit must be obtained for the current use and exposed pond surface area for the Green/Croissant site since the exposed pond surface area and the use of the ground water exceed the amounts currently permitted. A well permit application (receipt no. 36i 1099) was submitted on November 20, 2006 and this application is pending evaluation. The provisions of Colorado Revised Statute 37-90-137(2) 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 wells within 600 feet, verifying that they have no objection to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be canceled. 4. The total surface area of the groundwater exposed attheGreen/Croissant Pit after December 31, 1980 must not exceed 19.28 acres (in 2007) resulting in a maximum annual evaporative loss of 48.59 acre-feet and 24.08 acres (in 2008) resulting in a maximum annual evaporative loss of 60.63 acre-feet. 5. The annual total product mined at the Green/Croissant Pit shall not exceed 250,000 tons per year resulting in 7.36 acre-feet of water lost with the mined aggregate, 3.25 acre-feet of water lost due to dust suppression, and 13.82 acre-feet used in the concrete production (150,000 cubic yards).