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>. <br />.. <br />•,; <br />Ms. Cristyn R. Radabaugh Page 3 <br />Green/Croissant M2001-022 <br />January 22, 2007 <br />6. Total consumption at the Green/Croissant Pit must not exceed these aforementioned <br />amounts unless an amendment is made to this plan. <br />7. The existing lease of the replacement water is evidenced by an agreement with the City of <br />Loveland dated January 13, 1998. A copy of the lease agreement was furnished to this <br />office on June 25, 2003. Although the lease agreement expires December 31, 2022, the <br />applicant needs to obtain sufficient water for 2007 and 2008. All replacement water must be <br />concurrent with depletions in quantity, timing and location. <br />Approval of this plan is for the purposes as stated herein. This office must first approve any <br />additional uses for which the water may be used. Any future additional historical <br />consumptive use credit given (e.g., agricultural water transfer) for this site must consider all <br />previous credits given. <br />9. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />10. 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 foraugmentation 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 />11. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form provided with yourapplication is subject to <br />modification and approval by the division engineer. All amounts shall be in acre-feet. <br />12. The name, address, and phone number of the contact person who will be responsible forthe <br />operation and accounting of this plan must be provided on the accounting forms to the <br />division engineer and water commissioner. <br />13. 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 <br />limited to, long-term evaporation losses. If a lined pond results after reclamation, <br />replacement of lagged depletions shall continue until there is no longer an effect on stream <br />flow. <br />14. Dewatering at this site will produce delayed depletions to the stream system. As long as the <br />pit is continuously dewatered, the water returned to the stream system should be adequate to <br />offset the depletions attributable to the dewatering operation. Once dewatering at the site <br />ceases, the delayed depletions must be addressed. Accordingly, dewatering is required to <br />continue during the term of this approval. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions (including refilling of the pit) will be replaced, in time, place and amount. <br />15. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this plan. <br />