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Mr. Jared Dains, E.I. Page 6 of 8 <br />June 22, 2011 <br />SWSP 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 April 1, 2011 and shall be valid through <br />March 31, 2013 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 <br />must be submitted to this office with the statutory fee of $257 no later than February <br />1, 2013. <br />2. A well permit was obtained for the current use and exposed pond surface area of the <br />gravel pit in accordance with §37 -90- 137(2) and (11), C.R.S., permit no. 74638 -F. <br />3. The total surface area of the ground water exposed at the Greeley Pit after December <br />31, 1980 must not exceed 33.3 acres during the first year of this plan period, resulting in <br />84.91 acre -feet of evaporative Toss; and must not exceed 34.1 acres during the second <br />year of this plan period, resulting in 93.79 acre -feet of evaporative loss. <br />4. The annual amount of water used at the Greeley Pit for dust control shall not exceed <br />1.00 acre -feet. <br />5. The total product mined at the Greeley Pit during the first year of this plan period shall not <br />exceed 69,000 tons, resulting in 2.03 acre -feet of water lost with the mined aggregate and <br />11.91 acre -feet of water removed by the "intermittent fill "; and the total product mined at <br />the Greeley Pit during the second year of this plan period shall not exceed 7,500 tons, <br />resulting in 0.22 acre -feet of water lost with the mined aggregate and 1.29 acre -feet of water <br />removed by the "intermittent fill ". <br />6. Total consumption at the Greeley Pit must not exceed these aforementioned amounts <br />unless an amendment is made to this plan. <br />7. Approval of this plan is for the purposes as stated herein. Any additional uses for which <br />the water may be used will be allowed only if a new SWSP is approved for those <br />additional uses. <br />8. Applicant shall replace the net evaporative depletions from the exposed ground water <br />surface area that may occur during the assumed ice covered period (December and <br />January) for any time that the exposed ground water in the pit is not completely covered <br />by ice. <br />9. All releases of replacement water must be sufficient to cover all out -of- priority depletions <br />in time, place, and amount and must be made under the direction and /or the approval of <br />the water commissioner. The release of replacement water may be aggregated to <br />maximize beneficial use. The water commissioner and /or the division engineer shall <br />determine the rate and timing of an aggregated release. The Applicant is required to <br />coordinate with the water commissioner the delivery location of replacement water to <br />ensure out -of- priority depletions are adequately replaced to prevent injury to other water <br />rights. Conveyance loss for delivery of augmentation water is subject to assessment and <br />modification as determined by the water commissioner or division engineer. <br />10. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. A copy of this approval letter should be recorded with the county clerk and <br />