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V <br />Jared Dains <br />November 20, 2008 <br />Page 3 <br />all follow up documentation a,nd forms necessary to keep the permit valid. The <br />provisions of §37790-137(2) prohibit the issuance of a permit for a well to be <br />located within 600 feet of any existing well, unless the State Engineer finds that <br />circumstances so warrant after a hearing in accordance with the procedural rules in <br />2CCR402-5. The hearing will be waived if you are able to obtain statements from <br />the owners of all wells within 600 feet, verifying that they have no objection to your <br />use of the proposed well. Should a new well permit be denied for reasons of the <br />600 foot spacing, or any other legitimate reason, approval of this substitute supply <br />plan will be canceled. <br />4. The'water consumption and depletions associated with this mining operation must <br />not exceed those amounts listed on the attached Table 3. The total area of , <br />exposed groundwater shall not exceed 1.07 acres, and total industrial consumptive <br />use shall not exceed 19.31 acre-feet of which 2.83 acre-feet is due to evaporation <br />loss, 16.48 acre-feet is industrial consumptive use. Documentation of exposed <br />surface area may be required by the Division Engineer in the form of an aerial <br />photo evaluation or survey by a Professional Land Surveyor during the plan year or <br />in subsequent years covered by renewals of this plan. Any increases in depletions <br />must be submitted to this office as an amendment to this plan. <br />5. Replacement water is to be supplied by the Applicants NT Arapahoe Entitlement <br />and leased water from Pioneer's NNT Arapahoe Entitlement and will be delivered <br />according to the schedule included in this plan (see attached Table 3) subject to <br />modification by the Division Engineer or Water Commissioner. At no time shall the <br />total appropriation from the well under the combined appropriations of Permit Nos. <br />26943-F and 64792-F exceed 21.45 acre-feet annually for this plan. Of the 21.45 <br />acre-feet pumped into the pond, 0.19 acre-feet attributable to the 2% <br />relinquishment for the NT right and 0.48 acre-feet attributable to the 4% <br />relinquishment for the NNT right shall either be delivered to a recharge pit or to the <br />stream channel adjacent to the pond. Although potentially 20.78 acre-feet is <br />available from the two sources, the total water pumped from the pond to the batch <br />plant shall not exceed 19.31 acre-feet annually unless coordinated with and <br />accepted by the Water Commissioner. The replacement water for this plan and <br />Pioneer's plan shall be coordinated under the direction of the Water <br />Commissioner. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses of <br />this water must first be approved by this office. If it is anticipated that the total <br />surface area exposed will exceed those amounts, an amendment will need to be <br />filed with this office prior to such expansion. <br />7. The applicant shall maintain daily records of all diversions, replacements, and the <br />amount of water used for each particular purpose. The applicant shall provide a <br />report of these records to the Water District 10 Water Commissioner <br />(Brian.Sutton@state.co.us) and Division Engineer <br />(Div2Ground.Water@state.co.us) on forms and at times acceptable to them. Said <br />accounting must be received by the 10th of the month following the month being <br />reported. The name, mailing address, and phone number of the contact person <br />who is responsible for operation and accounting of this plan must be provided on <br />the accounting forms. Accounting forms are subject to modification and approval