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<br />Mr. Jared Dains <br />Greeley (35th Avenue) Pit-M77-036 <br />November 23, 2010 <br />Page 3 <br />augmentation station/release structure(s) to be constructed in the vicinity of such confluence and <br />associated with Greeley's operation of reservoirs knows as Flatiron Reservoir Nos. 1-5 (a.k.a. <br />Poudre Ponds or Greeley West Pit); d) an augmentation station/release structure located under <br />the Boyd and Freeman Ditch and approved by the water commissioner and division engineer for <br />such purpose; e) release structures from Greeley Canal No. 3 as described in Greeley's decree in <br />case no. 99CW232; or f) any other release and measurement point that Greeley and Lafarge <br />agree upon. The Applicant is required to coordinate with the water commissioner the delivery <br />location of replacement water to ensure out-of-priority depletions are adequately replaced to <br />prevent injury to other water rights. Conveyance loss for delivery of augmentation water is subject <br />to assessment and modification as determined by the water commissioner or division engineer. A <br />copy of the lease with Greeley was previously submitted to this office and is attached to this letter. <br />A monthly breakdown of depletions and replacements is shown in the attached Table 3. <br />In accordance with the letter dated April 30, 2010 (copy attached) from the <br />Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel <br />mining operators must comply with the requirements of the Colorado Reclamation Act <br />and the Mineral Rules and Regulations for the protection of water resources. The April <br />30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate <br />you can replace long term injurious stream depletions that result from mining related <br />exposure of ground water. The DRMS letter identifies four approaches to satisfy this <br />requirement. In accordance with approach no.1 and 3, you have obtained a bond for <br />$967,787 through DRMS for lining or backfilling of the exposed ground water. <br />SWSP Conditions of Approval <br />I hereby approve the proposed SWSP in accordance with § 37-90-137(11), C.R.S. <br />subject to the following conditions: <br />1. This SWSP is approved with the effective date of November 1, 2010 and shall be valid <br />through October 31, 2011 unless otherwise revoked or modified. If this SWSP will not be <br />made absolute by a water court action by the SWSP expiration date, a renewal request <br />must be submitted to this office with the statutory fee of $257 no later than September 15, <br />2011. <br />2. A well permit, no. 61561-F, was issued for a maximum total exposed surface water area <br />in the pit of 25.8 acres. Since the existing permit no. 61561-F does not cover the <br />additional acreage exposed at the site, a new well permit must be obtained for the <br />current use and exposed surface area of the gravel pit in accordance with § 37-90-137(2) <br />and (11), C.R.S. in conjunction with this plan. The provisions of Colorado Revised Statute <br />37-90-137(2) prohibits the issuance of a permit for a well to be located within 600 feet of <br />any existing well, unless the State Engineer finds that circumstances so warrant after a <br />hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may be <br />waived if you are able to obtain statements from the owners of all wells within 600 feet, <br />verifying that they have no objection to your use of the proposed well. Should a new well <br />permit be denied for reasons of 600 foot spacing, or any other legitimate reason, <br />approval of this SWSP may be cancelled.