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Mr. Forrest Leaf <br />May 9, 2006 <br />Page 3 <br />The plan estimates that in the event that the operator were to cease mining and <br />dewatering at the site there would be 20.67 acres of exposed water surface. To provide the <br />security of a permanent, renewable source of replacement water the 1 share of Rural ditch and <br />5 shares of Kern Reservoir are hereby dedicated to this plan and made appurtenant to the tract <br />of land where the gravel pit is located, until a permanent augmentation plan for the gravel pit <br />has been adjudicated or all consumptive use at the site has ceased and all lagged depletions <br />have been replaced. The depletions resulting from evaporation off of the 20.67-acre pond are <br />estimated to be 51.3 acre-feet. According to the analysis provided in the plan, the 1 share of <br />Rural Ditch and 5 shares of Kern Reservoir have a combined historical consumptive use of <br />102.3 acre-feet, therefore, the shares are found to be adequate. A copy of this approval letter <br />and a copy of the stock certificates shall be recorded with the Weld County Clerk and <br />Recorder's Office. <br />A monthly breakdown of depletions and replacements is shown in the attached Table No. <br />4 that was submitted with your report. <br />Conditions of Approval <br />I approve the proposed substitute water supply plan in accordance with Section 37-90- <br />137(11), C.R.S., subject to the following conditions: <br />This SWSP shall be valid for the period of January 1, 2006 through December 31, 2007, <br />unless otherwise revoked, modified, or superceded by decree. If this plan will not be <br />made absolute by a water court action by the plan's expiration date, a renewal request <br />must be submitted to this office with the statutory fee (currently $217) by November 1, <br />2007. <br />2. Anew well permit must be obtained for the gravel pit in accordance with §37-90-137(2) <br />and (11), C.R.S. Any application will be evaluated subsequent to approval of this plan. <br />The provisions of §37-90-137(2) prohibit the issuance of a permit for a well to be located <br />within 600 feet of any existing well, unless the State Engineer finds that circumstances <br />so warrant after a hearing in accordance with the procedural rules in 2CCR402-5. The <br />hearing will be waived if you are able to obtain statements from the owners of all wells <br />within 600 feet, verifying that they have no objection to your use of the proposed well. <br />Should a new well permit be denied for reasons of the 600-foot spacing, or any other <br />legitimate reason, approval of this amendment will be canceled. <br />3. The total area of exposed pond surface in 2006 and 2007 shall not exceed 20.67 acres <br />and total consumptive use of the mining operation shall not exceed 107.17 acre-feet of <br />which 59.54 acre-feet is due to evaporative losses, 3.31 acre-feet is due to dust <br />suppression, 22.06 acre-feet is due to water remove in product (4% moisture of 750,000 <br />tons of raw material) and 22.25 acre-feet is due to concrete hatching. Should the total <br />consumption at the pit exceed these amounts prior to the expiration date of this plan, an <br />amendment needs to be filed with this office. <br />4. Replacement water released from fully consumable sources identified above must be <br />decreed or approved for augmentation use. <br />