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Mark McLean Page 3 <br />September 10, 2008 <br />1. This plan shall be valid through March 31, 2009, unless otherwise revoked or modified. This <br />approval acknowledges the operation of the plan for water year 2007. <br />2. Active mining of the site shall not exceed 50 acres unless an amendment to this plan has been <br />approved. <br />3. The mined cell must be maintained in a de-watered state. <br />4. The actual allowed water surface exposure may not exceed 0.5 acres. Documentation of water <br />surface area in the form of a 2008 aerial photo evaluation or survey by a Professional Land <br />Surveyor must be submitted to this office by July 15, 2008. <br />5. The consumption associated with this mining operation is limited to evaporation, dust <br />suppression, and water lost in product not to exceed a total of 17.05 acre-feet in lagged <br />depletions during the 2008 plan year. All diversions for dust suppression must be metered in <br />compliance with the "Amended Rules Governing the Measurement of Tributary Ground Water <br />Diversions Located in the Arkansas River Basin", and meter reads should be included in the <br />monthly accounting. <br />6. Replacement water provided for this plan from the Pikes Peak Regional Water Authority must <br />be input into the Fountain Creek Transit Loss Model for delivery down Fountain Creek to its <br />confluence with the Arkansas River. Transit loss on Fountain Creek shall be as determined by <br />the Fountain Creek Transit Loss Model. <br />7. Accounting of water in this plan, including excavated area, area of actual ground water <br />exposure, pumping, stream depletions, and replacement water deliveries must be provided to <br />the Water Commissioner (John.VanOort@state.co.us) and Division Engineer <br />(Div2Ground.Water(D-state.co.us) on forms and at times acceptable to them. Said accounting <br />must be received by the 10 of the month following the month being reported. The name, <br />mailing address, and phone number of the contact person who is responsible for operation and <br />accounting of this plan must be provided on the accounting forms. <br />8. The approval of this substitute water supply does not relieve the applicant and/or landowner of <br />the requirement to obtain a Water Court decree approving a permanent plan for augmentation or <br />mitigation to ensure the permanent replacement of all depletions, including long-term evaporation <br />losses after the gravel mining operations have ceased. Application for a decree should be made <br />three years prior to the completion of mining with the intent of obtaining a decreed plan by the <br />completion of mining. Approval of this substitute supply plan does not imply a position by this <br />office on any related litigation. <br />9. A request for renewal of this plan must be submitted with the statutory fee then in effect at least <br />45 days prior to the date of expiration. <br />10. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other water rights has or will occur as a result of this plan. <br />11. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit <br />is continuously dewatered, the water returned to the stream system should be adequate to <br />offset the depletions attributable to the dewatering operation. Once dewatering at the site <br />ceases, the delayed depletions must be addressed. Accordingly, dewatering is required to <br />continue during the terms of this approval. At least three years prior to completion of <br />dewatering, a plan must be submitted that specifies how the post pumping dewatering <br />depletions (including refilling of the pit) will be replaced, in time, place and amount. If