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Mr. William G. Merrill March 10, 2011 <br />Gunnison River Gravel Pit Nos. 1 & 5 Substitute Water Supply Plan Page 5 of 7 <br />currently pending review under receipt no. 3642250. The provisions of § 37-90- <br />137(2), C.R.S., prohibit the issuance of a permit for a well to be located within 600 feet <br />of any existing well, unless the state engineer finds that circumstances so warrant <br />after a hearing held in accordance with the procedural rules in 2CCR402-5. This <br />hearing may be waived if you are able to obtain statements from the owners of all <br />wells within 600 feet, verifying that they have no objection to your use of the proposed <br />well. Should a new well permit be denied for reasons of 600 foot spacing, or any <br />other legitimate reason, approval of this SWSP will be canceled. <br />5. The total area of exposed groundwater shall not exceed 2.6 acres (2.4 acres at Pit <br />No. 1 and 0.2 acres at Pit No. 5) resulting in 4.33 acre-feet of evaporative loss (3.56 <br />acre-feet at Pit No. 1 and 0.77 acre-feet at Pit No. 5) for the approval period of this <br />SWSP. <br />6. For the approval period of this SWSP, the total consumptive use of the mining <br />operation shall not exceed 18.5 acre-feet, consisting of 4.33 acre-feet of evaporative <br />loss, 3.55 acre-feet for product moisture loss (0.75 acre-feet for Pit No. 1 and 2.8 <br />acre-feet for Pit No. 5), and 10.62 acre-feet for dust suppression purposes (1.52 acre- <br />feet for Pit No. 1 and 9.1 acre-feet for Pit No. 5). Dewatering is proposed to occur at a <br />maximum rate of 650 gpm from each pit. Any increase in depletions must be <br />submitted to this office as an amendment to this SWSP. <br />7. Total consumption at the Pit Nos. 1 and 5 must not exceed these aforementioned <br />amounts unless an amendment is made to this SWSP. <br />8. Approval of this SWSP is for the purposes as stated herein. Any additional uses of <br />this water must first be approved by the SEO. If it is anticipated that the total surface <br />area exposed will exceed the amounts listed above, an amendment will need to be <br />filed with the SEO prior to such expansion. <br />9. All pumping for dust control and dewatering shall be measured as required by the <br />division engineer. Permanent records of all diversions must be maintained by the <br />Applicant as required by the division engineer. <br />10. The Applicant shall replace the net evaporative depletions from the exposed ground <br />water surface area that may occur during the assumed ice covered period (December <br />and January) for any time that the exposed ground water in the pits is not completely <br />covered by ice. <br />11. Replacement water is to be supplied from Blue Mesa Reservoir and is proposed to be <br />released/delivered according to the schedule included in attached Tables 7 and 8, subject to <br />modification by the division engineer or water commissioner. Transit losses may be modified, <br />as determined necessary, by the division engineer. <br />12. Replacement water shall be made available to cover all out-of-priority depletions in, <br />time, place and amount and shall be made available under the direction and/or <br />approval of the water commissioner. The replacement water that is the subject of this <br />.plan cannot be sold or leased to any other entity. As a condition of subsequent <br />renewals of this SWSP, the replacement water must be appurtenant to this site until a <br />plan for augmentation is obtained. A copy of this approval letter should be recorded <br />with the County Clerk and Recorder. All replacement water must be concurrent with <br />depletions in quantity, timing, and locations. <br />13. The applicant shall maintain daily records of all diversions, replacement, and the