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Mr. Jared Dains <br />January 27, 2009 <br />Page 4 <br />plant was provided to this office with this renewal request and is attached to this letter. <br />The monthly depletions and replacement requirements are found on the attached Table 3. <br />Conditions of Approval <br />I hereby approve the proposed substitute water supply plan in accordance with §37-90-137(11), <br />C.R.S., subject to the following conditions: <br />1. This plan is approved with the effective date of November 1, 2008 and shall be valid through <br />October 31, 2009 unless otherwise revoked or modified. If this plan will not be made absolute by a <br />water court action by the plan's expiration date, a renewal request must be submitted to this office <br />with the statutory fee (currently $257) no later than September 15, 2009. <br />2. A well permit must be obtained in accordance with § 37-90-137(2) and (11), C.R.S. The provisions <br />of § 37-90-137(2), C.R.S., prohibit the issuance of a permit for a well to be located within 600 feet of <br />any existing well, unless the State Engineer finds that circumstances so warrant after a hearing held <br />in accordance with the procedural rules in 2 CCR 402-5. This hearing may be waived if you are able <br />to obtain statements from the owners of all wells within 600 feet, verifying that they have no objection <br />to your use of the proposed well. Should a new well permit be denied for reasons of 600 foot <br />spacing, or any other legitimate reason, approval of this substitute water supply plan will be <br />cancelled. <br />3. The total surface area of the groundwater exposed at the Bucklen n-Pit after December 31, 1980 <br />must not exceed 12.54 acres resulting in 34.60 acre-feet of evaporative loss. <br />4. Due to a change in administration of evaporation from ground water exposed to the atmosphere <br />prior to 1981, pre-1981 credits will no longer be allowed for gravel pits which exposed ground water <br />to the atmosphere prior to 1981 and were actively mined on or after January 1, 1981. Accordingly, <br />evaporative depletions for such gravel pits will need to be replaced from the entire surface area of <br />the ground water exposed in the pits. In order to allow owners and operators of the affected pits <br />time to comply with this change in the administration requirements, the owners and operators will <br />have until January1, 2010 to comply with the replacement requirements. The Applicant is hereby <br />notified that the no credit from the 5.27 acres of ground water exposed prior to 1981 will be <br />given after January 1, 2010 and evaporation from the 5.27 acres must be replaced in any <br />subsequent SWSP renewal for this pit if this area is connected to the acreage exposed after <br />December 31, 1980. <br />5. The total amount of product mined at the Bucklen Pit shall not exceed 200,000 tons per year, <br />which results in 2.94 acre-feet of water lost with product, and 4.51 acre-feet of water used for dust <br />control. <br />6. Total consumption at the pit(s) must not exceed these aforementioned amounts unless an <br />amendment is made to this plan. <br />7. Approval of this plan is for the purposes as stated herein. Any additional uses for which the water <br />may be used must first be approved by this office. Any future additional historic consumptive use <br />credit given (e.g. agricultural water transfer) for this site must consider all previous credits given. <br />8. Applicant shall replace the net evaporative depletions from the exposed ground water surface