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~=a- Michelle C. Johnson June 24, 2004 Page 2 This site is currently being dewatered, however, if the dewatering of the site is discontinued the two ponds could fill creating additional depletions to the stream system due to increased evaporation. Since the construction of the liner is not approved it is unknown if the ponds would fill if dewatering ceased. Lafarge has obtained a bond for $477,500 through DMG to complete the reclamation at this site. Therefore, if dewatering is discontinued and the ponds fill this bond can finance the completion of the liner, thus preventing depletions to the stream system. I approve the proposed substitute water supply plan in accordance with Section 37-90- 137(11), C.R.S., subject to the following conditions: 1. This plan shall be valid through September 30, 2005 unless otherwise revoked or modified. 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 $217) at least 45 days prior to the expiration date of this plan. 2. The losses associated with this mining operation must not exceed a total of 41 acre- feetannually for the duration of this permit approval. These losses include 6.86 acre- - feet of evaporativeioss,-3 acre=feet afiwater used-andconsumed for d-us~t control, 26.55 acre-feet of water lost with 900,000 tons of the mined product, and 4.6 acre- feet of water used and consumed in hatching concrete. Should the annual losses at the site exceed 41 acre-feet prior to the expiration of this plan, an amendment will need to be filed. 3. A copy of the City of Greeley lease shall be submitted to the Division of Water Resources by September 30, 2004. 4. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. 5. All pumping for shall be measured in a manner acceptable to the division engineer and water commissioner. 6. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should be recorded with the County Clerk and Recorder. All replacement water must be concurrent with depletions in quantity, timing, and locations. 7. The Water Commissioner responsible for the administration of this plan is Mr. Robert Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-0742. The applicant shall maintain daily records of all diversions, replacements, and the amount of water used for each particular purpose. The applicant shall provide a report of these records to the division engineer and the water commissioner on a monthly basis on a form approved by them. The accounting must be submitted within five (5) calendar days of the end of the month for which the accounting is being made.