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Mr. William Blatchley <br />June 17, 2008 <br />Page 3 <br />2. Well permit no. 64701-F was issued for the gravel pit in accordance with § 37-90-137(2) and (11), <br />C.R.S., however since mining did not start at this site, this permit expired on August 11, 2007, <br />therefore a new well permit must be obtained in accordance with § 37-90-137(2) and (11), C.R.S. <br />Until a new gravel pit well permit is issued, consumptive use and exposure of additional <br />groundwater on this site is prohibited. The provisions of § 37-90-137(2), C.R.S., prohibit the <br />issuance of a 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 held in accordance with the <br />procedural rules in 2 CCR 402-5. This hearing may be waived if you are able to obtain statements <br />from the 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 other <br />legitimate reason, approval of this substitute water supply plan will be cancelled. <br />3. The total surface area of the groundwater exposed after January 1, 1981 at the Clare Pit must not <br />exceed 2.8 acres during the approval period of this SWSP and the maximum annual evaporative <br />loss is estimated as 1.11 acre-feet (using an assumed ice covered period of November 6 through <br />April 4). <br />4. The annual total product mined at the Clare Pit shall not exceed 20,000 cubic yards per year <br />resulting in 1.0 acre-foot of water lost with the mined aggregate. <br />5. In the event that more than 20,000 cubic yards per year is mined, or more than 2.8 acres of <br />surface area of groundwater is exposed after January 1, 1981, the Applicant is required to <br />immediately file an amendment to this SWSP to include such increased amounts. <br />6. Approval of this SWSP is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. Any future historical consumptive use credits sought for <br />this site (e.g., agricultural water transfer) must consider all previous credits applied. <br />7. Applicant shall replace the net evaporative depletions from the exposed ground water surface <br />area that may occur during the assumed ice covered period (November 6 through April 4) for <br />any time that the exposed ground water in the pit is not completely covered by ice. <br />8. The replacement source for the depletions accruing to Twin Creek resulting from this mining <br />operation is a lease agreement with MMRC. A copy of the executed lease agreement with the <br />MMRC was submitted to this office with the SWSP request and is attached to this letter. <br />9. 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 SWSP, the replacement water must be <br />appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter <br />should be recorded with the County Clerk and Recorder. All replacement water must be <br />concurrent with depletions in quantity, timing and locations. <br />10. Adequate accounting of depletions and replacements must be provided to the division engineer <br />and water commissioner on a monthly basis or other interval acceptable to both of them. The <br />accounting provided with your application is subject to modification and approval by the division <br />engineer. All amounts shall be in acre-feet. <br />11. The name, mailing address, and phone number of the contact person who will be responsible <br />for operation and accounting of this plan must be provided on the accounting forms to the <br />division engineer and water commissioner.