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Michelle L. Austin and Daria Giron, P.E. <br />May 8, 2006 <br />Page 3 <br />This plan shall be valid through October 31, 2006 unless otherwise revoked or modified. <br />Approval of this plan will be automatically extended through October 31, 2007 if a the <br />lease with SVLH is submitted to the State Engineer's office and approved prior to October <br />31, 2006. If this plan will not be made absolute by a water court action by the plan's <br />expiration date, a renewal request must be submitted to this office with the statutory fee <br />by September 1, 2006 (September 1, 2007 if extended). <br />2. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and <br />(11), C.R.S. prior to exposure or use of groundwater. In addition, well permits must be <br />obtained for wells 19490S, 7280R, 20317R, 1408R, 2819F, 1657RR, 2820F, 20583R, <br />12800R and 19944RF in accordance with §37-90-137(2) prior to using the wells for <br />process water under this plan. The provisions of §37-90-137(2) prohibit the issuance of a <br />permit for a well to be located within 600 feet of any existing well, unless the State <br />Engineer finds that circumstances so warrant after a hearing in accordance with the <br />procedural rules in 2CCR402-5. The hearing will be waived if you are able to obtain <br />statements from the owners of all wells within 600 feet, verifying that they have no <br />objection to your use of the proposed well. Should a new well permit be denied for <br />reasons of the 600 foot spacing, or any other legitimate reason, approval of this <br />amendment will be canceled. <br />3. The total area of exposed pond surface shall not exceed 24 acres and total consumptive <br />use of the mining operation shall not exceed 131.6 acre-feet of which 70 acre-feet is due <br />to evaporative losses, 2 acre-feet is due to dust suppression, 44.2 acre-feet is due to <br />water remove in product (4% moisture of 1,500,000 tons of raw material) and 15.5 acre- <br />feet is due to concrete batching (150,000 cubic yards). Should the total consumption at <br />the pit exceed these amounts prior to the expiration date of this plan, an amendment <br />needs to be filed with this office. <br />4. All water discharged from the pit and utilized to offset depletions caused by the pit operation <br />cannot be banked or credited to offset lagged depletions in subsequent years. All discharges <br />will be available to offset depletions in the year when depletions are actually occurring. <br />5. Approval of this plan is for the purposes as stated herein. Any additional uses of this <br />water must first be approved by this office. <br />6. All pumping for product washing, concrete batching, dust control and dewatering shall be <br />measured in a manner acceptable to the Division Engineer. <br />7. The Water Commissioner responsible for the administration of this plan is Mr. Robert <br />Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-0742. The applicant <br />shall maintain daily records of all diversions, replacements, and the amount of water used <br />for each particular purpose. The applicant shall provide a report of these records to the <br />division engineer and the water commissioner on a monthly basis on a form approved by <br />them. The accounting must be submitted within thirty (30) calendar days of the end of the <br />month for which the accounting is being made. <br />In addition, the applicant shall submit a report from the City of Arvada ("Arvada"). The report <br />shall include an accounting of all replacement water controlled by Arvada, showing the total <br />volume of water under its control and the amount committed to each of the recipients of the <br />water. <br />