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Mr. Andy Rodriguez, P.E. <br />December 2, 2008 <br />Page 3 <br />A monthly breakdown of depletions and replacements is shown in attached Table 4 <br />Conditions of Approval <br />I approve the proposed substitute water supply plan in accordance with Section 37-90- <br />137(11), C.R.S., subject to the following conditions: <br />1. This SWSP shall be valid for the period of January 1, 2009 through December 31, 2009, <br />unless otherwise revoked, modified, or superceded by decree. If this plan will not be <br />made absolute by a water court action by the plan's expiration date, a renewal request <br />must be submitted to this office with the statutory fee (currently $257) by November 15, <br />2009. <br />2. Well permit no. 67585-F was obtained for the current use and exposed pond surface <br />area of the gravel pit pond in accordance with §37-90-137(2) and (11), C.R.S. <br />3. In addition, the Applicant must obtain a permit to operate well no. 66961-F for dust <br />suppression purposes approved under this SWSP. Any application will be evaluated <br />subsequent to approval of this plan. The provisions of §37-90-137(2) prohibit the <br />issuance of a permit for a well to be located within 600 feet of any existing well, unless <br />the State Engineer finds that circumstances so warrant after a hearing in accordance <br />with the procedural rules in 2CCR402-5. The hearing will be waived if you are able to <br />obtain statements from the owners of all wells within 600 feet, verifying that they have <br />no objection to your use of the proposed well. Should a new well permit be denied for <br />reasons of 600-foot spacing, or any other legitimate reason, approval of this SWSP will <br />be canceled. <br />4. The total surface area of the groundwater exposed at the Parker-Dersham Pit must not <br />exceed 0.56 acres (in the dewatering trenches) during the approval period of this SWSP <br />resulting in an annual evaporative loss of 1.66 acre-feet. <br />5. The annual amount of water used at the operation shall not exceed 1.67 acre-feet for dust <br />control and the total product mined shall not exceed 300,000 tons per year below the <br />groundwater surface resulting in 8.83 acre-feet of water lost with the product . <br />6. Total consumption at the Parker-Dersham Pit must not exceed the aforementioned <br />amounts unless an amendment is made to this plan. <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 report of <br />these records to the division engineer and the water commissioners on a monthly basis <br />on a form approved by them. The accounting must be submitted within thirty (30) <br />calendar days of the end of the month for which the accounting is being made. <br />8. All diversions shall be measured in a manner acceptable to the division engineer. The <br />Applicant shall install and maintain such measuring devices as required by the division <br />engineer for operation of this SWSP.