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Tom Hatton Page 3 <br />February 14, 2011 <br />from the surface of the exposed ground water area to the Big Thompson River was measured <br />based on the down gradient extent of the exposed ground water surface (nearest point). For <br />purposes of this SWSP, the method used to measure the distance to estimate the lagged <br />depletions will be accepted, however any future SWSP must measure the distance from the <br />exposed ground water surface area to the Big Thompson River based on the centroid of the <br />exposed ground water surface. <br />The lagged stream depletions are estimated to total 17.3 acre-feet during the term of this <br />approval, as shown on the attached Table 3. <br />Replacements <br />Replacement water for this pit will continue to be made available throughout the year from a <br />lease of 65.0 acre-feet of fully consumable water from the City of Loveland ("Loveland"). This lease <br />also applies to losses at another gravel pit, Wagner/Kauffman Pit #3 (M-99-069). A copy of the <br />lease associated with the mining operation is attached to this letter. The duration of the lease is <br />from January 1, 2010 through December 31, 2012. A 4 percent transit loss from Green Ridge Glade <br />Reservoir to Kauffman Pit has been applied to the delivery of the replacement water. <br />Under the terms of the lease, replacements can be made using a variety of water owned by <br />Loveland including, but not limited to, Windy Gap reusable effluent, Loveland Storage Reservoir <br />water as decreed in case no. 82CW202A, and Colorado Big Thompson Project ("C-BT") water. In <br />the event that the City plans to use C-BT water as a replacement source, the City shall <br />comply with the Interim Rule issued by the Northern Colorado Water Conservancy District <br />("Northern District") in May 2005, regarding the use of Colorado-Big Thompson ("CBT") <br />Project water in substitute water supply plans. Prior to the use of C-BT Project water, the City is <br />required to notify this office, the division engineer and the water commissioner of the amount of C- <br />BT Project water dedicated to this plan and provide a copy of the Northern District's approval letter <br />as required by paragraph I(g) of the Northern District's May, 2005 Interim Rule. <br />Conditions of Approval <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 />1. This plan is approved with the effective date of January 1, 2011 and shall be valid through <br />December 31, 2011 unless otherwise revoked or modified. If this plan will not be made <br />absolute by a water court action by the plan's expiration date, a renewal request must be <br />submitted to this office with the statutory fee (currently $257) no later than November 15, <br />2011. Your renewal request must address the issues raised in conditions #12 and 13 below. <br />2. Well permit no. 42901-F was obtained for this gravel pit in accordance with § 37-90-137(2) <br />and (11), C.R.S. On April 6, 2010 the location of this permit was amended in accordance with <br />the Policy Memorandum 93-1 to reflect the actual location of the gravel pit. <br />3. The total surface area of groundwater exposed at the Kauffman Pit site after December 31, <br />1980 must not exceed 6.3 acres resulting in 14.5 acre-feet per year of evaporative loss and <br />the annual amount of water used for dust control at the Kauffman Pit site shall not exceed 2.5