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Ms. Jennifer Lindahl <br />September 16, 2010 <br />Page 3 <br />3. The total surface area of the groundwater exposed at the Bokelman/Walters Pit must not exceed <br />0.16 acres resulting in a maximum annual evaporative loss of 0.37 acre-feet. <br />4. The annual total product mined at the Bokelman/Walters Pit shall not exceed 200,000 tons per <br />year resulting in 5.89 acre-feet of water lost with the mined aggregate. <br />5. Total consumption at the Bokelman/Walters Pit must not exceed these aforementioned amounts <br />unless an amendment is made to this plan. <br />6. The existing lease of the replacement water is evidenced by an agreement with the City of <br />Loveland dated January 13, 1998. A copy of the lease agreement was furnished to this office with <br />this plan request. All replacement water must be concurrent with depletions in quantity, timing <br />and location. <br />7. Approval of this plan is for the purposes as stated herein. This office must first approve any <br />additional uses for which the water may be used. Any future plan that allows credit for historical <br />consumptive use (e.g., agricultural water transfer) for this site must consider all previous credits <br />given. <br />8. 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 />9. Adequate accounting of depletions and replacements must be provided to the division engineer in <br />Greeley (Div1Accounting(&state.co.us) and the water commissioner (Jason Smith at <br />Jason. SmithO-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. In addition, the Applicant shall submit a report <br />that includes an accounting of the 200 acre-feet of the fully consumable water leased from the <br />City of Loveland. The accounting must include a list of locations and amounts of this leased water <br />committed for replacement purposes. <br />10. 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 on the accounting forms to the division <br />engineer and water commissioner. <br />11. If reclamation of the mine site will produce 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 years prior to the completion of mining to include, but not be limited to, long- <br />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. A water court <br />application for a permanent augmentation plan for the Bokelman/Walter Pit was filed on July 31, <br />2009 under case no. 2009CW105. The approval of this plan does not imply a position by our <br />office on any litigation associated with case no. 2009CW105 or any other case. <br />12. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is <br />continuously dewatered, the water returned to the stream system should be adequate to offset the <br />depletions attributable to the dewatering operation. Once dewatering at the site ceases, the <br />delayed depletions must be addressed. Accordingly, dewatering is required to continue during the <br />term of this approval. At least three years prior to completion of dewatering, a plan must be <br />submitted that specifies how the post pumping dewatering depletions (including refilling of the pit) <br />will be replaced, in time, place and amount.