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1 It <br />Jeffrey A. Clark <br />Page 3 <br />August 24, 2009 <br />2. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11), <br />C.R.S. prior to the exposure or use of groundwater. An application receipt no. 3600747 was <br />submitted on February 22, 2006, however the application was returned to the Applicant to <br />address the 600-foot spacing. The application was re-submitted to this office on August <br />13, 2009. The application will be evaluated subsequent to approval of this plan. The <br />provisions of §37-90-137(2) C.R.S. prohibit the issuance of a permit for a well to be located <br />within 600 feet of any existing well, unless the State Engineer finds that circumstances so <br />warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This <br />hearing may be waived if you are able to obtain statements from the owners of all wells within <br />600 feet, verifying that they have no objection to your use of the proposed well. Should a <br />new well permit be denied for reasons of 600 foot spacing, or any other legitimate reason, <br />approval of this substitute supply plan will be cancelled. <br />3. The total surface area of the groundwater exposed at the Bromley Lakes Pit must not exceed <br />44 acres (in the Cell 2 and 3) during the approval period of this SWSP resulting in an annual <br />evaporative loss of 117.3 acre-feet, and the annual amount of water used for dust control shall <br />not exceed 2 acre-feet. <br />4. Total consumption at the Bromley Lakes Pit must not exceed the aforementioned amounts <br />unless an amendment is made to this plan. <br />5. All diversions shall be measured in a manner acceptable to the Division Engineer. The Applicant <br />shall install and maintain such measuring devices as required by the Division Engineer for <br />operation of this SWSP. In addition, the applicant shall maintain daily records of all diversions, <br />replacements, and the amount of water used for each particular purpose. The applicant shall <br />provide a report of these records to the division engineer and the water commissioner on a <br />monthly basis on a form approved by them. The accounting must be submitted within 30 <br />calendar days of the end of the month for which the accounting is being made. <br />In addition, the applicant shall submit a report from the entity making replacements; for this <br />plan, this entity is the City of Brighton. The report shall include an accounting of all wastewater <br />plant water effluent controlled by each entity, showing the total volume of water under its control <br />at the various wastewater treatment plants, and the amount committed to each of the recipients <br />of the water. <br />6. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is obtained, <br />or the pit has been lined. A copy of this approval letter should be recorded with the County <br />Clerk and Recorder. All replacement water must be concurrent with depletions in quantity, <br />timing, and locations. <br />7. The name, address, and phone number of a contact person who will be responsible for the <br />operation and accounting of this plan must be provided on the accounting forms to the <br />division engineer and water commissioner. <br />8. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this plan. <br />Should this substitute water supply plan expire without renewal or be revoked prior to