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Ms. Sira Sartori <br />Greeley (35th Avenue) Pit-M77-036 <br />October 29, 2009 <br />Page 3 <br />2. Well permit, no. 61561-F was obtained for the current use and exposed pond surface <br />. area of the gravel pit in accordance with §37-90-137(2) and (11), C.R.S. <br />3. The total surface area of the groundwater exposed after December 31, 1980 must not <br />exceed 20.3 acres, which results in an evaporative loss of 59.3 acre-feet per year. <br />4. The annual water used for dust control shall not exceed 6 acre-feet, the total product <br />mined shall not exceed 500,000 tons per year which results in 14.7 acre-feet per year of <br />water lost with the product, and the total annual amount of water used in concrete <br />production shall not exceed 8.8 acre-feet. <br />5. Total consumption at the 35th Avenue Pit must not exceed these aforementioned amounts <br />unless an amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses for which <br />the water may be used must first be approved by this office. <br />7. All releases of replacement water must be sufficient to cover all out-of-priority depletions <br />in time, place, and amount and must be made under the direction and/or the approval of <br />the water commissioner. The release of replacement water may be aggregated to <br />maximize beneficial use. The water commissioner and/or the division engineer shall <br />determine the rate and timing of an aggregated release. The Applicant is required to <br />coordinate with the water commissioner the delivery location of replacement water to <br />ensure out-of-priority depletions are adequately replaced to prevent injury to other water <br />rights. Conveyance loss for delivery of augmentation water is subject to assessment and <br />modification as determined by the water commissioner or division engineer. <br />8. The replacement water, which is the subject of this plan cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply plan, <br />the replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. A copy of this approval letter should be recorded with the county clerk and <br />recorder. All replacement water must be concurrent with depletions in quantity, timing, and <br />location. <br />9. The name, address, and phone number of the contact person who will be responsible for <br />the operation and accounting of this plan must be provided on the accounting forms <br />submitted to the division engineer and the water commissioner. <br />10. Adequate accounting of depletions and replacement must be provided to the division <br />engineer in, Greeley and the water commissioner on a monthly basis or other interval <br />acceptable to both of them. The accounting form is subject to modification and approval <br />by the division engineer. <br />11. 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 <br />plan. <br />12. If reclamation of the mine site produces a permanent water surface exposing <br />groundwater to evaporation, an application for a plan for augmentation must be filed <br />with the Division 1 Water Court at least three years prior to the completion of mining to <br />include, but not be limited to, long-term evaporation losses and lagged depletions. If a <br />lined pond results after reclamation, replacement of lagged depletions shall continue