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Melanie Lawrence <br />September 30, 2009 <br />Page 3 <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 />This SWSP shall be valid for the period of August 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unless otherwise revoked, modified, or superceded by decree.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. The total surface area of the groundwater exposed at the S&H Mine must not exceed <br />10.1 acres during the approval period of this SWSP, resulting in an annual evaporative <br />loss of 30.63 acre-feet. <br />3. The annual amount of water used at the operation shall not exceed 2.5 acre-feet for dust <br />control. <br />4. Total consumption at the S&H Mine must not exceed the aforementioned amounts <br />unless an amendment is made to this plan. <br />5. Approval of this plan is for the purposes as stated herein. Any additional uses of this <br />water must first be approved by this office. <br />6. 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. In addition, the applicant shall maintain daily <br />records of all diversions, replacements, and the amount of water used for each <br />particular purpose. The applicant shall provide a report of these records to the division <br />engineer and the water commissioner on a monthly basis on a form approved by them. <br />The accounting must be submitted within 30 calendar days of the end of the month for <br />which the accounting is being made. <br />7. The name, address, and phone number of a contact person who will be responsible for <br />the operation and accounting of this plan must be provided on the accounting forms to <br />the Division Engineer and Water Commissioner. <br />8. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />the landowner of the requirement to obtain a Water Court decree approving a <br />permanent plan for augmentation or mitigation to ensure the permanent replacement of <br />all depletions, including long-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 1 Water Court at least three (3) years prior <br />to the completion of mining, to include, but not be limited to, long-term evaporation <br />losses and lagged depletions. If a lined pond results after reclamation, replacement of