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Mr. Jacob Bauer <br />December 18, 2009 <br />Page 3 <br />resulting from the mining operation have not been replaced by the plan's expiration <br />date, a renewal request must be submitted to this office with the statutory fee (currently <br />$257) by April 30, 2010 (November 15, 2010 if extended). <br />2. The total surface area of the groundwater exposed at the gravel pit must not exceed 2 acres <br />during the approval period of this SWSP, resulting in an annual evaporative loss of 5.7 acre- <br />feet. <br />3. The total product mined below the groundwater surface shall not exceed 300,000 tons, <br />resulting in 4.4 acre-feet of water lost with the product. <br />4, Total consumption at the Gravel Pit must not exceed the aforementioned amounts unless <br />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 water <br />must first be approved by this office. <br />6. The discharge of the replacement water and dewatered water into the Ski Lake should <br />be operated: in such a manner as to not cause property damage. Any property damage <br />that results from the discharge of water into the Ski Lake is solely the applicant's <br />responsibility. <br />7. 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 records <br />of all diversions, replacements, and the amount of water used for each particular purpose. <br />The applicant shall provide a report of these records to the division engineer and the water <br />commissioner on a monthly basis on a form approved by them. The accounting must be <br />submitted within 30 calendar days of the end of the month for which the accounting is <br />being made. <br />In addition, the applicant shall submit a report from the City of Brighton ("Brighton"). The <br />report shall include an accounting of all replacement water controlled by Brighton, showing the <br />total volume of water under its control and the amount committed to each of the recipients of <br />the water. <br />8. 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 />9. Conveyance loss for delivery of augmentation water to the South Platte River is subject to <br />assessment and modification as determined by the division engineer. <br />10. The approval of this substitute water supply plan does not relieve the Applicant and/or the <br />landowner of the requirement to obtain a Water Court decree approving a permanent plan <br />for augmentation or mitigation to ensure the permanent replacement of all depletions, <br />including long-term evaporation losses and lagged depletions after gravel mining <br />operations have ceased. If reclamation of the mine site will produce a permanent water <br />surface exposing groundwater to evaporation, an application for a plan for augmentation <br />must be filed with the Division 1 Water Court prior to the completion of mining, to include, <br />but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond