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Mr. Steve Nguyen <br />May 2, 2005 <br />Page 2 <br />2. A well permit was obtained for the current use and exposed pond surtace area of the gravel pit pond, <br />permit no. 50425-F in accordance with §37-90-137(2) and (11), C.R.S. <br />3. The total surface area of the groundwater exposed at the Geisert Pit after Deoember31,1980 must not <br />exceed 38.9 aces resulfing in a maximum annual evaporafive loss of 113.8 acre-feet <br />4. The annual total product mimed at the Geisert Pit shall not exceed 150,000 tons per year resulting in 4.4 <br />acre-feet of water lost with the mined aggtegate and 2 acre-feet of water lost due to dust suppression. <br />5. Total consumption at the Geisert Pit must not exceed 1202 arxe-feet peryear, unless an amendment is <br />made to this plan. <br />5. Approval of this plan is forthe purposes as stated herein. Any additional uses forwhich the water may <br />be used must first be approved by this office. <br />6. The replacement water that is the subject of this plan pnnot be sold or leased to any other entity. As <br />a condition of subsequent renewals Df this substibrte water supply plan, the replacement water must <br />be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter <br />should be recorded with the county Berk and recorder. AN reptacementwater mustbe concurrent with <br />depletions in quantity, timing and locations. <br />7. The name, address and phone number of a contact person who will be responsible for the operation <br />and acx:ounting of this plan must be provided with the accounting form to the division engineer and <br />water commissioner. <br />8. Adequate accounting of depletions and replacement must be provided to the division engineer and the <br />water commissioner on a monthly basis or other interval acceptable to both of them. The accounting <br />form is subject to modificafion and approval by fhe div~ion engiruaer. Alf amourri5 shaft be in acre- <br />feet <br />9. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br />10. This substitute water supply plan may be revoked or modified at any time should it be determined that <br />injury to other vested water rights has or will occur as a result of this plan. <br />11. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an appliption for a plan for augmentation must be filed wth the Division 1 Water Court <br />at least three (3) years prior to the completion of mining to include, but not be limited to, long-term <br />evaporation losses. ff a tined pond results after recamafion, replacement of lagged depletions shall <br />continue until there is no longer an effect on stream flow. Granting of this plan does not imply <br />approval by this office of any such court application(s). <br />12. In accordance with amendments to §25.8-202(7), C.R.S., and Senate Bill 89-181 Rules and <br />Regulations adopted on February4,1992, the State Engineer shall determine whether the substitute <br />supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data <br />or analysis may be requested at any time to determine if the water quality is appropriate for <br />downstream water users. <br />13. Should this plan expire without renewal or lie revoked prior to adjudigtion of a permanent plan for <br />augmentation, all use of ground water must cease immediately. <br />