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ent @y: AFFLEGATE GROUP, ZNC.; 303x526611; Nov-a•Ca 9:33AM; Fage 9112 <br />Richard T. Raines <br />April 29, 2003 <br />Page 2 <br />As required by Senate Bifl 89-120 in Section 8, this substitute water supply plan has <br />been provided to an outside consultant for review. The consultant has recommended approval <br />of the plan by way of this letter. Based upon statutory requirements and the recommendations <br />of the consultant, 1 hereby approve the proposed substitute water supply plan in accordance with <br />§37-90-137{t 1), C.R.S, subject to the following condilians: <br />A well permit must be Obtained for the grave! pit in accordance with §37-90-137(2) <br />and {11). C.R.S. prior to exposure or use of ground water. The provisions of <br />Colorado Revised Statute 37-90-137{2) prohibits the issuance of a permit for a well <br />to be located within 600 feet of any existing well, unless the State Engineer finds <br />that circumstances so warrant after a hearing held in accordance wim the <br />procedural rules in 2CCR402-5. This hearing may be waived it yuu are able to <br />obtain statements from the owners of all wells within 600 feet, verifying that they <br />have no abjection to your use of the proposed welt. In your subm!ttal you indicated <br />that you had obtained a waiver from the one affected well owner. However, if a <br />new well permit is denied for reasons of 600 foot spacing, or any other legitimate <br />reason, approval of this substitute supply plan will be cancelled. A well permit <br />application has been submitted, receipt no. 495270. <br />2. All pumping for dust control shall be measured in a manner acceptable to the <br />Division Engineer <br />3, The water surface area of the groundwater exposed sh,3ll not exceed 2.5 acres, the <br />annual water used for dust control shall not exceed 2.0. acre-feet, and the total <br />product mined shall not exceed 800,000 tons per year resulting in 23.5 acre-feet of <br />water lost with product. <br />a. Based on information provided by the consultant, this operation may not begin <br />operating until approximately 2005. Since it is not anticipated that this site will <br />operate during the term o(this approval there is not a current lease agreement in <br />place with Consolidated Mutual or the City of Greeley to specifically cover this site. <br />Therefore, a signed lease agreement from Consolidated Mutual frx 22.9 acre-feet <br />and from the City of Greeley for 11.5 acre-feet must be submitted to the State <br />Engineer's Office and Water Commissioner prior ro core~mencemenl of operations <br />at this site. <br />i. All replacement water must be concurrent with depletions in quantity, timing, and <br />locations, <br />Adequate accounting of depletions and replacement must be provided to the <br />Division Engineer in Greeley (810 9th Street, 2nd Floor,. Greeley, ~~olorado 80631 <br />(970} 352.8712} and the Water Commissioner (Robert Stahl, 9378 WCR 35, Ft <br />Lupton, CO 80621 (970) 857-0742} on a monthly basis or other interval acceptable <br />to both of them. The accounting form provided with your application is subject to <br />modification and approval by the Division Engineer. All amounts shat{ be in acre- <br />teet. <br />7. The name, address. and phone number of a contact person who will be <br />responsible for the operation and accounting of this plan must be provided on the <br />