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Ms. Michelle L. Hatcher <br />August 24, 2010 <br />Page 3 <br />2. Well permit no. 50425-F was issued in accordance with C.R.S. § 37-90-137(2) and (11) and is <br />valid for the current uses. The Applicant is required to maintain a valid well permit for the current <br />uses at this site. <br />3. The total surface area of the groundwater exposed at the Geisert Pit must not exceed 40.6 acres <br />resulting in a maximum annual evaporative loss of 118.9 acre-feet. <br />4. The annual total product mined at the Geisert Pit shall not exceed 150,000 tons per year resulting in <br />4.4 acre-feet of water lost with the mined aggregate, 2 acre-feet of water lost due to dust <br />suppression, and 33 acre-feet of water removed by the "first fill". <br />5. Total consumption at the Geisert Pit must not exceed 158.3 acre-feet per year, unless an <br />amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. Any additional uses for which the water <br />may be used must first be approved by this office. <br />7. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. <br />As a condition of subsequent renewals of this substitute water supply plan, the replacement water <br />must be appurtenant to this site until a plan for augmentation is obtained. All replacement water <br />must be concurrent with depletions in quantity, timing and locations. <br />8. The name, address and phone number of the contact person who will be responsible for the <br />operation and accounting of this plan must be provided with the accounting form to the division <br />engineer and water commissioner. <br />9. Adequate accounting of depletions and replacements must be provided to the division engineer in <br />Greeley (Div 1Accountina(a-state.co.us) and the water commissioner (George Varra at <br />George.VarraO-state.co.us) on a monthly basis or other interval acceptable to both of them. The <br />accounting form provided with your application is subject to modification and approval by the <br />division engineer. All amounts shall be in acre-feet. <br />10. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br />11. This substitute water supply plan may be revoked or modified at any time should it be determined <br />that injury to other vested water rights has or will occur as a result of this plan. Should this plan <br />expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, <br />all use of ground water must cease immediately. <br />12. If reclamation of the mine site produces a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water <br />Court at least three (3) years prior to the completion of mining to include, but not be limited to, <br />long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect on stream flow. Granting of this plan <br />does not imply approval by this office of any such court application(s). <br />13. In accordance with amendments to §25-8-202(7), C.R.S., and Senate Bill 89-181 Rules and <br />Regulations adopted on Feb, uary 4, 1992, the State Engii eer shall determine whet,,ei the