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Mr. Richard Raines June 17, 2008 <br />Middle Poudre Combined Plan - Lafarge West, Inc. Page 6 of 9 <br />the use of a 45% consumptive use credit and that corresponds to the required replacement <br />amount to be shown on the revised Table 1. <br />A monthly breakdown of the stream depletions from the mining operations as well as the <br />replacements is shown in the attached Table 1. <br />Conditions of Approval <br />I hereby approve the proposed substitute water supply plan in accordance with Section <br />§ 37-90-137(11), C.R.S. subject to the following conditions: <br />1. This plan is approved with an effective date of November 1, 2007 and shall be valid through <br />October 31, 2008 unless otherwise revoked or modified. If this plan will not be made <br />absolute by a water court action by the plan's expiration date, a renewal request must be <br />submitted to this office with the statutory fee of $257 for each gravel pit no later than <br />September 15, 2008. <br />2. The total area of pond surface exposed after December 31, 1980 for each of the pits <br />shall not exceed those values listed in Table A of this approval. Should the total surface <br />area exposed exceed those amounts, an amendment request shall be promptly filed with <br />this office. <br />3. The total amount of ground water to be appropriated from each of the pits shall not <br />exceed the values listed in Table B of this approval. <br />4. Approval of this plan is for the purposes as stated herein. Any additional uses of water <br />must first be approved by this office. Any future additional historical consumptive use <br />credit given (e.g., agricultural water transfer) for this site must consider all previous <br />credits given. <br />5. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />6. The replacement water, which is the subject of this plan, cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply plan, <br />the replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. A copy of this approval letter should be recorded with the county clerk and <br />recorder. All replacement water must be concurrent with depletions in quantity, timing, <br />and location. <br />7. The name, address, and phone number of the contact person who will be responsible for <br />the operation and accounting of this plan must be provided on the accounting forms <br />submitted to the division engineer and the water commissioner. <br />8. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form provided with your application is subject <br />to modification and approval by the division engineer. All amounts shall be in acre-feet.