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Melanie Lawrence <br />December 13, ZUOb <br />Page 3 <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 />1. This SWSP shall be valid for the period of January 1, 2006 through December 31, 2006, <br />unless otherwise revoked, mod~ed, or superceded by decree.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 October 31, <br />2006. <br />2. Anew well permit must be obtained for the gravel pit in accordance with Section §37-9D- <br />137(2) and (11), C.R.S., prior to increasing the operational consumptive use. The <br />provisions of §37-90-137(2) C.R.S. prohibit the issuance of a permit for a well to be located <br />within 600 feet of any existing welt, unless the State Engineer finds that circumstances so <br />warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This <br />hearing may be waived if you are able to obtain statements from the owners of all well <br />within 600 feet, verifying that they have no objection to your use of the proposed welt. <br />Should a new well permit be denied for reasons of 600 foot spacing, or any other legitimate <br />reason, approval of this substitute supply plan will be canceiletl. <br />3. The losses associated with this mining operation must not exceed a total of 55.84 acre- <br />feet for the duration of this permit approval. These losses include 31.71 acre-feet of <br />evaporation from the proposed maximum exposure of up to 13.5 acres of groundwater, <br />5.0 acre-feet of water used for dust suppression, and 19.13 acre-feet of water lost in <br />650,000 tons of mined aggregate. The maximum area to be exposed monthly is shown <br />in the table above. Should the losses associated with the mining operation exceed 55.84 <br />acre-feet, the lagged annual depletions to the South Platte River exceed 44.65 acre-feet, <br />or the exposed pond area exceed the monthly amounts for any month in the table above, <br />prior to the expiration date of this plan, an amendment will need to be filed with this <br />office. <br />4, A copy of the lease with the City of Longmont must be submitted to the State Engineer's <br />Office by December 31, 2005. <br />5. Dewatering at this site will produce delayed depletions to the stream system. As long as <br />the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions. However, once dewatering at the site ceases the <br />delayed depletions must be addressed. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions will be replaced, in time, place and amount. <br />6. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />7. 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 gravel <br />