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Ms. Michelle Cunico Johnson <br />January 17, 2008 <br />Page 3 <br />The replacement schedule for November 2007 through January 2010 is shown in the <br />attached Table 3. , <br />Conditions of Approval <br />I hereby approve this 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 November 1, 2007 through May 31, 2008, unless <br />otherwise revoked, modified, or superseded by decree. If the applicant provides evidence to <br />the State Engineer's office that the slurry wall has been approved, prior to May 31, 2008, this <br />plan shall be extended until January 31, 2010. If the pit is not lined and all lagged depletions <br />resulting from the mining operation have not been replaced by the plan's expiration date, a <br />renewal request must be submitted to this office with the statutory fee (currently $257) by <br />May 31, 2008 (December 1, 2009 if extended). <br />2. The losses associated with this mining operation must not exceed the amounts shown in <br />attached Table 2. Should the losses at the site exceed the amounts shown in Table 2, prior <br />to the expiration of this SWSP, an amendment will need to be filed. <br />3. 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 />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 1 Water Court at least three (3) years prior <br />to the completion of mining to include, but not be limited to, long-term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. <br />4. The Water Commissioner responsible for the administration of this plan is Mr. Robert Stahl, <br />9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-0742. The applicant shall <br />maintain daily records of all diversions, replacements, and the amount of water used for each <br />particular purpose. The applicant shall provide a report of these records to the division <br />engineer and the water commissioner on a monthly basis on a form approved by them. The <br />accounting must be submitted within thirty (30) calendar days of the end of the month <br />for which the accounting is being made. <br />5. All releases of replacement water must be sufficient to cover all out of priority depletions and <br />be made under the direction and/or approval of the water commissioner. The replacements <br />may be aggregated to maximize beneficial use. The water commissioner and/or division <br />engineer shall determine the rate and timing of an aggregated release. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. <br />7. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the accounting <br />