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Mr. Richard Raines July 20, 2005 Page 3 3. The total surface area of the groundwater exposed at the Duckworth Pit must not exceed 1.1 acres resulting in a maximum annual evaporative loss of 2.8 acre-feet. 4. The annual total product mined at the Duckworth Pit shall not exceed 750,000 tons per year resulting in 22.1 acre-feet of water lost with the mined aggregate and 2.0 acre-feet of water lost due to dust suppression. 5. Total consumption at the Duckworth Pit must not exceed these aforementioned amounts unless an amendment is made to this plan. 6. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. Any future historical consumptive use credits sought for this site (e.g., agricultural water transfer) must consider all previous credits applied. 7. All pumping for dust control shall be measured in a manner acceptable to the Division Engineer. 8. 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. 9. The Water Commissioners responsible_for the administration of this plan a_re Mr. Robert Carlson, P.O. Box 380, Erie, CO. 80516, 970-438-9303 and Mr. Scott Edgar, 1735 Dolores River Drive, Windsor, CO 80550. 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 Commissioners 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. As part of the monthly accounting prepared by the operator, the location of the discharge points from each dewatering trench must be located on a map and submitted with the accounting. 10. The name, mailing address, and phone number of the contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the Division Engineer and Water Commissioners. 11. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the site ceases the delayed depletions must be addressed. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions will be replaced, in time, place and amount. 12. The approval of this substitute water supply plan does not relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel