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Stephen Buechner, Applegate Group <br />June 8, 2011 <br />Page 3 <br />2. The water consumption and depletions associated with this mining operation must not <br />exceed those as listed on the attached Tables 1, 2, and 3, and Appendix A. Water used <br />for washing that ponds and does not infiltrate within 24 hours may require an amendment <br />to the plan to included additional acres of exposed surface area subject to evaporation <br />that will require additional replacement under the plan. Field visits by the Water <br />Commissioner will be made to confirm that 0.5 acres of evaporative surface area is <br />appropriate for settling ponds under this plan. <br />3. 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 />4. All pumping for product washing and dust control shall be measured in compliance with <br />the Amended Rules Governing the Measurement of Tributary Ground Water Diversions <br />Located in the Arkansas River Basin and any meters shall be installed no later than <br />September 1, 2011 and verified for accuracy by a certified well tester. <br />5. Accounting of water in this plan, including pumping, stream depletions, and replacement <br />water deliveries must be provided to the Water Commissioner <br />(Brian.Sutton@state.co.us) and Division Engineer (Div2Ground.Water@state.co.us) on <br />forms and at times acceptable to them. Said accounting must be received by the 10th of <br />the month following the month being reported. The name, mailing address, and phone <br />number of the contact person who is responsible for operation and accounting of this <br />plan must be provided on the accounting forms. <br />6. The approval of this substitute water supply plan does not relieve the Applicant and/or <br />the landowner of the requirement to obtain a Water Court decree approving a permanent <br />plan for augmentation or mitigation to ensure the permanent replacement of all <br />depletions, including long-term evaporation losses and lagged depletions after gravel <br />mining operations have ceased. If reclamation of the mine site will produce a permanent <br />water surface exposing groundwater to evaporation, an application for a plan for <br />augmentation must be filed with the Division 2 Water Court at least three (3) years prior <br />to the completion of mining, to include, but not be limited to, long-term evaporation losses <br />and lagged depletions. If a lined pond results after reclamation, replacement of lagged <br />depletions from mining and dewatering shall continue until there is no longer an effect on <br />stream flow. <br />7. This substitute water supply plan may be revoked or modified at any time should it be <br />determined that injury to other vested water rights has or will occur as a result of this <br />plan. <br />8. Should this substitute water supply plan expire without renewal or be revoked prior to <br />adjudication of a permanent plan for augmentation all use of water at the pit must cease <br />immediately. <br />9. Work at this site will eventually expose ground water. If the operator discontinued work <br />at the site, the exposed ground water would continue to cause depletions to the stream <br />system due to evaporation. Front Range Aggregates owns and has dedicated five