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<br />Richard T. Raines <br />May 25, 2010 <br />CONDITIONS OF APPROVAL <br />Page 3 <br />I hereby approve the proposed substitute water supply plan in accordance with §37-90- <br />137(11), C.R.S., subject to the following conditions: <br />This plan shall be valid through March 31, 2011 unless otherwise revoked or modified. If <br />this plan will not be made absolute by a water court action by the plan's expiration date, <br />a renewal request must be submitted to this office with the statutory fee (currently $257) <br />by February 15, 2011. <br />2. The exposed ground water surface areas, consumption of water, and river depletions <br />due to operation of this plan may not exceed those listed in Tables 1, 2, and 3, unless an <br />amendment is approved in advance by this office. Documentation of pond size may be <br />required by the Division Engineer in the form of an aerial photo evaluation or survey by a <br />Professional Land Surveyor during the plan year or in years covered by subsequent <br />renewals of this plan. <br />3. Well Permit No. 66042-F (1405128) shall not pump more than 1.0 AF during the <br />approval period without first submitting an amendment to the plan. <br />4. All releases of replacement water must be sufficient to cover depletions as given on the <br />attached tables and as calculated monthly based on pumping of well permit no. 66042-F <br />(1405128) and made under the direction and/or approval of the Division Engineer. <br />5. Monthly accounting of water in this plan, including amount of exposed water, <br />evaporation, meter readings, stream depletions, and replacement water deliveries must <br />be provided to the Water District 14 Water Commissioner (John.VanOortastate.co.us) <br />and Division Engineer (Div2Ground.Water(Q_state.co.us) on forms and at times <br />acceptable to them. Said accounting must be received by the 10th of the month following <br />the month being reported. The name, mailing address, and phone number of the <br />contact person who is responsible for operation and accounting of this plan must be <br />provided on the accounting forms. <br />6. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation, all ground water use must cease <br />immediately. Therefore, the $51,542.00 bond must continue to be held with the Division <br />of Reclamation, Mining and Safety to line or backfill the pit. <br />7. 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 permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />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 2 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 <br />lagged depletions from mining and dewatering shall continue until there is no longer an <br />effect on stream flow.