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Mr. Pete Foster Page 3 of 4 <br />August 22, 2011 <br />1. This SWSP shall be valid for the period of August 25, 2011 through August 24, <br />2012, unless otherwise revoked, modified, or superseded by decree. Should an <br />additional SWSP be requested, the provisions of § 37- 92- 308(5)(b), C.R.S., shall <br />apply. The statutory fee of $300 will be required pursuant to § 37 -92- 308(8), C.R.S. <br />2. In accordance with § 37 -92- 308(5), C.R.S., this SWSP cannot be renewed or <br />approved for more than five years. This approval is for the second year of operation. <br />3. Approval of this SWSP is for the purposes stated herein. Additional diversion <br />structures and /or additional uses for the water that is the subject of this SWSP will be <br />allowed only if a new SWSP is approved for those additional structures /uses. Should <br />a new SWSP be requested, the provisions of § 37 -92- 308(5), C.R.S., shall apply. The <br />statutory fee of $300 will be required pursuant to § 37 -92- 308(8), C.R.S. The <br />replacement water, which is the subject of this SWSP, cannot be sold or leased to any <br />other entity during the term of this SWSP without prior approval of the division <br />engineer. <br />4. The depletions associated with the gravel mining operations must not exceed a total of <br />7.30 acre -feet per year, including categories of consumptive use due to net evaporation <br />from surface water, water lost in product, and dust suppression. Should the annual <br />depletions exceed this amount prior to the expiration date of this plan; an amendment <br />will need to be filed with this office. <br />5. Eighteen (18) acres must be dried -up and monumented to the satisfaction of the <br />Water Commissioner. <br />6. To facilitate the administration of the Chicken Creek and Mud Creek the surface <br />return flows obligation must be able to remain in the Chicken Creek and the Carpenter <br />and Mitchell Ditch headgate or be released via the surface drainage that runs through <br />the property into Mud Creek. <br />7. Water measurement structures with accurate calibration must be installed at the <br />diversion from Chicken Creek, the overflow from Carpenter and Mitchell Ditch back to <br />Chicken Creek, and the pipeline or ditch releases water into the wash pond and <br />releasing water into Mud Creek. The water measurement structure must be operating <br />to the satisfaction of the Water Commissioner. A rating table must be developed and <br />submitted to the Water Commissioner within 30 days or by a schedule acceptable to <br />the Water Commissioner. <br />8. Documentation of water surface area may be required by the Division Engineer in the <br />form of an aerial photo evaluation or survey by a Professional Land Surveyor during the <br />plan year or in years covered by subsequent renewals of this plan. Should the water <br />surface area be greater than 0.22 acres, an amendment to this plan must be submitted <br />with updated evaporation numbers and a method to replace the evaporation losses. <br />9. The applicant shall maintain monthly records of all diversions, replacements, and the <br />amount of water used for each particular purpose. Adequate accounting of depletions <br />and replacements (in acre -feet) must be provided to the Water Commissioner and /or <br />Division Engineer on forms and at times acceptable to both of them. The accounting <br />form(s) shall be sufficient to demonstrate that the net effective replacement equaled <br />