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Mr. Jared Dains <br />February 22, 2010 <br />Page 5 <br />must be submitted to this office with the statutory fee (currently $257) no later than <br />September 15, 2010. . <br />2. Well permit no. 67876-F was issued in accordance with §37-90-137(2) and (11), C.R.S., <br />for a maximum total exposed surface water area in the pit of 12.54 acres and 34.60 acre-feet <br />of evaporative loss. According to your letter, a total of 17.81 acres of ground water are <br />currently exposed at the Bucklen Pit site. The majority of the current exposed surface <br />area consists of a large pond of 17.65 acres and the additional 0.16 acres of exposed <br />surface area consists of the dewatering trenches. Based on information from the previous <br />SWSP, 5.27 acres of ground water was exposed within the reclamation permit boundary <br />prior to January 1, 1981; however your letter indicated that the 5.27 acres was backfilled. <br />Therefore, this SWSP does not seek to take credit from the surface area that was <br />exposed prior to January 1, 1981 since the pre-81 excavated area no longer includes <br />exposed ground water. Based on this information, this office will amend permit no. 67876-F <br />to reflect the additional evaporation losses from a total 17.81 acres of exposed ground water. <br />Note: the 600 foot spacing evaluation previously completed for permit no. 67876-F was <br />conducted for a total exposed surface area of 17.81wacres. <br />3: The total surface area of the groundwater exposed at the Bucklen Pit after December 31, <br />1980 must not exceed 17.81 acres resulting in 49.11 acre-feet of evaporative loss. <br />5. The total amount of product mined at the Bucklen Pit shall not exceed 125,000 tons per <br />year, which results in 1.84 acre-feet of water lost with product, and 4.51 acre-feet of <br />water used for dust control. <br />6. Total consumption at the pit(s) must not exceed these aforementioned amounts unless <br />an amendment is made to this plan. <br />7. 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. Any future additional historic <br />consumptive use credit given (e.g. agricultural water transfer) for this site must consider <br />all previous credits given. <br />8. Applicant shall replace the net evaporative depletions from the exposed ground water <br />surface area that may occur during the assumed ice covered period (December and <br />January) for any time that the exposed ground water in the pit is not completely covered <br />by ice. <br />9. 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. All replacement water must be concurrent with depletions in quantity, timing <br />and locations. <br />10. The water attributable to the 5 shares of the GIC must continue to be diverted in priority <br />at the ditch and then measured back to the Cache La Poudre River in the vicinity of the <br />Bucklen Pit. Adequate measuring devices acceptable to the water commissioner must <br />be installed. According to an affidavit dated December 7, 2009, the Applicant dedicated