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Michelle L. Hatcher <br />March 6, 2007 <br />Page 3 <br />3. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and <br />(11), C.R.S. prior to commencing mining at the site. Any application will be evaluated <br />subsequent to approval of this plan. The provisions of §37-90-137(2) prohibit the <br />issuance of a permit for a well to be located within 600 feet of any existing well, unless <br />the State Engineer finds that circumstances so warrant after a hearing in accordance <br />with the procedural rules in 2CCR402-5. The hearing will 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 SWSP will <br />be canceled. <br />4. The losses associated with this mining operation must not exceed 30.7 acre-feet for the <br />period of February 2007 through January 2008 or 4 acre-feet for the period of February <br />2008 through January 2009. These losses include 4 acre-feet of evaporation annually <br />from the proposed exposure of 1.5 acres of ground water after December 31, 1980, 1.0 <br />acre-feet of water used for on-site dust suppression and 25.76 acre-foot of water lost in <br />875,000 tons of mined aggregate. Should the annual consumption at this site exceed <br />the amounts shown in attached Table 3, an amendment will need to be filed with this <br />office. <br />5. 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 />6. The Water Commissioner responsible for the administration of this plan is Mr. Scott <br />Edgar, 1735 Dolores River Drive Windsor, CO 80550, phone 970-686-0628. The <br />applicant shall maintain daily records of all diversions, replacements, and the amount of <br />water used for each particular purpose. The applicant shall provide a report of these <br />records to the division engineer and the water commissioner on a monthly basis on a <br />form approved by them. The accounting must be submitted within thirty (30) calendar <br />days of the end of the month for which the accounting is being made. <br />7. 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 />8. 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. The <br />replacement may be aggregated to maximize beneficial use. The water commissioner <br />and/or division engineer shall determine the rate and timing of an aggregated release. <br />9. 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 />10. 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 grave{ <br />mining operations have ceased. If reclamation of the mine site will produce a <br />