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Mr. Jacob Bauer Page 3 of 5 <br />April 25, 2011 <br />A portion of the depletions from August, September, and October of 2010 were not <br />replaced under the previous SWSP since replacement water was provided on the assumption <br />that the liner at the mine would be operational by April 31, 2010. These additional depletions <br />total 0.30 acre-feet (0.04 for August, 0.12 for September, and 0.14 for October) and were <br />aggregated and replaced in November 2010. The predicted depletions for the month of <br />November 2010 and December 2010 were 1.09 acre-feet and 1.18 acre-feet, respectively, <br />however there was free river at the point where depletions from the pit impact the stream at that <br />time and no replacement of these depletions was necessary. <br />Replacements <br />The replacement source for this plan period is a total of 53.08 acre-feet of fully <br />consumable Fulton Ditch (WDID 0200808) water leased from the City of Brighton ("Brighton"). <br />The Applicant has leased an additional 10.29 acre-feet of replacement water to cover lagged <br />depletions through December 2011. The Applicant has an agreement with Brighton whereby <br />Brighton will release the fully consumable water during the period of January 1, 2011 through <br />May 31, 2011. A subsequent e-mail from Brighton modifies the agreement to cover depletions <br />through the end of 2011. A copy of the agreement and e-mail is attached. A previous <br />agreement covered the months of November and December 2010. The fully consumable water <br />will be released to the South Platte River from Brighton's Midland augmentation station (located <br />at North 21St Street and Midland Street) or Brighton's 124th Avenue (WDID 0203324) or Ken <br />Mitchell Lake (WDID 0203361) storage facilities. The replacement schedule for November 2010 <br />through December 2011 is shown in the attached emails. <br />Conditions of Approval <br />I hereby approve this substitute water supply plan, in accordance with Section 37-90- <br />137(11), C.R.S., subject to the following conditions: <br />1. This SWSP shall be valid for the period of November 1, 2010 through October 31, 2011, <br />unless otherwise revoked, modified, or superseded by decree. If the liner is not <br />completed and approved by June 30, 2011, a renewal request must be submitted to <br />this office with the statutory fee (currently $257) by August 31, 2011. <br />2. A well permit was obtained for the current use and exposed surface area at the site in <br />accordance with §37-90-137(2) and (11), C.R.S., permit no. 57723-F. <br />3. The total surface area of the groundwater exposed at the site must not exceed 1 acre <br />during the approval period of this SWSP, resulting in evaporative losses of 2.86 acre-feet <br />for this plan period. If ground water is exposed at the site after June 30, 2011, an <br />amended SWSP must be filed. <br />4. The amount of ground water used for dust suppression at the site shall not exceed 1.20 <br />acre-feet for this plan period, and the total product mined at the site shall not exceed <br />360,000 tons for this plan period, which results in 5.28 acre-feet of water lost with the <br />mined aggregate. <br />5. Total consumption at the site must not exceed the aforementioned amounts 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 of this <br />water must first be approved by this office. <br />7. All releases of replacement water must be sufficient to cover all out-of-priority depletions