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IV <br />Ms. Cristyn R. Radabaugh Page 2 <br />Green/Croissant M2001-022 <br />December 23, 2008 <br />exposed surface area in the event that the dewatering ceased. <br />The IDS AWAS stream depletion model was used to determine the lagged depletions to the <br />Big Thompson River. The following parameters were used in the model: transmissivity (T) = 50,000 <br />gallons per day per foot, specific yield (SY) = 0.2, the distance from the Big Thompson River to the <br />edge of the alluvium = 2,910 feet, and the distance from the centroid of the exposed surface water <br />areas (mined areas, dewatering trenches, and site ponds) to the Big Thompson River is approximately <br />1,480 feet in 2009 and approximately 1,450 feet in 2010. <br />Replacement <br />The proposed source of replacement water for this pit is fully consumable effluent leased from <br />the City of Loveland and made available at its wastewater treatment plant. Monthly replacements are <br />calculated as total monthly depletions plus 1.85 percent transit losses from the Loveland wastewater <br />treatment plant to the pit site. The long-term replacement requirement will be provided by the 25-year <br />lease with the City of Loveland (the lease expires December 31, 2022). A copy of the lease is attached <br />to this letter. Also, in a letter dated November 18, 2008 the City of Loveland indicated that the City is <br />prepared to deliver up to 200 acre-feet in 2009 and each year throughout the lease term. The monthly <br />depletions and replacement requirements are found on the attached Tables 2 and 3. <br />I hereby approve the proposed substitute water supply plan in accordance with §37-90- <br />137(11), C.R.S. subject to the following conditions: <br />Conditions of Approval <br />1. This plan shall be valid for the period of January 1, 2009 through December 31, 2010, unless <br />otherwise revoked, modified, or superseded by decree. If this plan will not be made absolute by <br />a water court action by the plan's expiration date, a renewal request must be submitted to this <br />office with the statutory fee (currently $257) no later than November 15, 2010. <br />2. A well permit was obtained for the current use and exposed pond surface area of the gravel pit, <br />permit no. 65308-F in accordance with §37-90-137(2) and (11), C.R.S. A new well permit must <br />be obtained for the current use and exposed pond surface area for the Green/Croissant site <br />since the exposed pond surface area and the use of the ground water exceed the amounts <br />currently permitted. A well permit application (receipt no. 3635140) was submitted on <br />November 18, 2008 and this application is pending evaluation. The provisions of Colorado <br />Revised Statute 37-90-137(2) prohibit the issuance of a permit for a well to be located within <br />600 feet of any existing well, unless the state engineer finds that circumstances so warrant <br />after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may <br />be waived if you are able to obtain statements from the owners of all wells within 600 feet, <br />verifying that they have no objection to your use of the proposed well. Should a new well permit <br />be denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this <br />substitute supply plan will be canceled. <br />3. The total surface area of the groundwater exposed at the Green/Croissant Pit must not exceed <br />30.50 acres (in 2010) resulting in a maximum annual evaporative loss of 76.86 acre-feet. <br />4. The annual total product mined at the Green/Croissant Pit shall not exceed 100,000 tons per year