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Mr. Peter Wayland Page 2 <br />• File Pit II <br />November 10, 2003 <br /> <br />J <br />1. Unless otherwise revoked or modified, this plan shall be valid through May 31, 2005. <br />2. If this plan will not be made absolute by a water court action by the plan's expiration date, a <br />renewal request must be submitted to this offce with the statutoryfee (currently $217) no later <br />than April 15, 2005. <br />3. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11), <br />C.R.S. in conjunction with this plan. A well permit application was submitted to this office <br />under receipt no. 508393, and this application is pending evaluation. In addition well permits <br />must be obtained for the dewatering wells in accordance with §37-90-137(2) C.R.S. The <br />provisions of Colorado Revised Statute 37-90-137(2) prohibit the issuance of a permit for a <br />well to be located within 600 feet of any existing well, unless the state engineer finds that <br />circumstances so warrant after a hearing held in accordance with the procedural rules in <br />2CCR402-5. This hearing may be waived if you are able to obtain statements from the <br />owners of all wells within 600 feet, verifying that they have no objection to your use of the <br />proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any <br />other legitimate reason, approval of this substitute supply plan will be cancelled. <br />4. The total surface area of the groundwater exposed at the File Pit II site after December 31, <br />1980 must not exceed 0.30 acres resulting in 0.177 acre-feet per year of evaporative loss. <br />5. The annual water used for dust control at the File Pit II site shall not exceed 0.3 acre-feet, <br />and the total product mined at the File Pit II site shall not exceed 362,000 tons resulting in <br />10.68 acre-feet of water lost with product. <br />6. Total consumption at the pit(s) must not exceed these aforementioned amounts unless an <br />amendment is made to this plan. <br />7. The existing lease of the replacement water is evidenced by an agreement with the City of <br />Louisville dated October 3, 2003. A copy of the lease agreement has been furnished to this <br />office on October 20, 2003. All replacement water must be concurrent with depletions in <br />quantity, timing and location. <br />8. Approval of this plan is for the purposes as stated herein. This office must first approve any <br />additional uses for which the water maybe used. Any future additional historic consumptive <br />use credit given (e.g., agricultural water transfer) for this site must consider all previous <br />credits given. <br />9. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />10. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained. <br />A copy of this approval letter should be recorded with the County Clerk and Recorder. All <br />replacement water must be concurrent with depletions in quantity, timing, and locations. <br />