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Mr. Jared Dains <br />Lafarge Upper Poudre Combined SWSP <br />January 11, 2012 <br />Page 5 <br />depletions that result from mining related exposure of ground water. The DRMS letter identifies <br />four approaches to satisfy this requirement. The 4 approach requires documentation to identify <br />what water rights or other permanent water source will be dedicated to the SWSP to assure that all <br />permanent depletions from either an unforeseen abandonment of the site by the Applicant or as a <br />result of long term ground water exposure after completion of mining and reclamation will be <br />replaced so as to prevent injury to other water rights <br />In accordance with approach no. 4, you have provided an affidavit dated November 23, <br />2010 that dedicates 5.75 Taylor and Gill Ditch shares water as replacement water solely for this <br />SWSP for as long as there are depletions at this gravel pit site or until such time as another <br />replacement source is obtained. A copy of the affidavit is attached to this letter. For the purposes <br />of this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the State <br />Engineer determines that a different affidavit or dedication process is necessary to assure proper <br />dedication of the shares, additional information may be required prior to future SWSP approvals. <br />Also in accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained <br />for $1,984,000 for the Overland Ponds Site Pit, $117,600 for the Home Office Pit, and $470,124 <br />for the North Taft Hill Expansion Site Pit through DRMS. <br />A monthly breakdown of the stream depletions from the mining operation as well as the <br />replacements made by lagged timing of the historical consumptive use credit is shown in the <br />attached Table 5. <br />Conditions of Approval <br />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 plan is approved with the effective date of January 1, 2012 and shall be valid through <br />December 31, 2012 unless otherwise revoked or modified. If this plan will not be made absolute <br />by a water court action by the plan's expiration date, a renewal request must be submitted to <br />this office with the statutory fee (currently $257 for each mining site) no later than November <br />15, 2012. <br />2. Well permits have been obtained for the current use and exposed surface areas the three <br />subject pits in accordance with § 37 -90- 137(2) and (11), C.R.S. in conjunction with this plan. <br />Failure to maintain valid well permits may cancel approval of this plan. <br />3. The total area of pond surface exposed for each of the pits shall not exceed those values listed <br />in Table A of this approval. Should the total surface area exposed exceed those amounts, an <br />amendment will need to be filed with this office. <br />4. The total amount of ground water to be appropriated from each of the pits shall not exceed the <br />values listed in Table B of this approval. <br />5. Approval of this plan is for the purposes as stated herein. Any additional uses of this water <br />must first be approved by this office. Any future additional historical consumptive use credit <br />given (e.g., agricultural water transfer) for this site must consider all previous credits given. <br />6. All pumping for dust control shall be measured in a manner acceptable to the division <br />engineer. <br />7. All releases of replacement water must be sufficient to cover all out of priority depletions and <br />be made under the direction and /or approval of the water commissioner. The replacement <br />