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Peter Wayland <br />Nelson Mining Resource SWSP <br />February 1, 2012 <br />AII.1 <br />Conditions of Approval <br />Page 3 <br />Additional replacements for depletions during the non - irrigation season and during <br />months with insufficient credits will be made by releases of fully consumable wastewater <br />treatment plant effluent or reservoir releases from a lease with the City of Longmont. The City <br />of Longmont ( "City ") wastewater treatment plant is located approximately 10.5 miles upstream <br />of this new mining operation. A 0.25 percent per mile transit Toss (2.625 percent overall loss) <br />has been accounted for in the replacements. Thus the total replacement requirement provided <br />by the City is 17.31 acre -feet per year. On January 31, 2012 the Applicant provided a copy of <br />the lease agreement with the City to this office and the lease is attached to this letter. The <br />current lease is for 16 acre -feet, for the period of November 2011 through October 2012. <br />Although the monthly distribution of the replacement water provided by the City is different than <br />the monthly replacement water requirement identified in Table AII.1, the current lease is <br />accepted for the period of January 2012 through October 2012 since we determined that the <br />total replacement requirement for this period is 10.49 acre -feet and the replacement water <br />provided by the current lease for this period is 10.53 acre -feet. The lease provides replacement <br />water only through October 2012, thus this plan is valid only until October 31, 2012 (subject to <br />condition no. 1 below). <br />The monthly depletions and replacement requirements are found on the attached Table <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. The SWSP shall be valid for the period of January 1, 2012 through October 31, 2012, <br />unless otherwise revoked, modified, or superceded by decree. This plan will be <br />extended until October 31, 2013 if the Applicant provides a copy of the lease <br />agreement for 17.31 acre -feet with the City of Longmont by October 31, 2012 for <br />the fully consumable replacement water to replace depletions from the operation <br />of this gravel pit site for the period of November 1, 2012 through October 31, 2013. <br />The Applicant shall provide a copy of the lease to the SEO, division engineer, and water <br />commissioner. If a lease is not provided by October 31, 2012, this plan shall expire <br />on that date and all use of water under this SWSP must cease immediately. <br />2. If this plan will not be made absolute by a water court action by the plan's expiration <br />date, a renewal request must be submitted to this office with the statutory fee (currently <br />$257) no later than September 15, 2012 or September 15, 2013 subject to the <br />requirements of condition 1 above. <br />3. Well permit no. 63897 -F, was obtained for an exposed pond surface area of the gravel <br />pit pond of 1.19 acres. Since the current exposed surface area will exceed the exposed <br />surface area identified in well permit no. 63897 -F, a new well permit must be obtained in <br />accordance with § 37 -90- 137(2) and (11), C.R.S. The provisions of § 37 -90- 137(2), <br />C.R.S., prohibit the issuance of a permit for a well to be located within 600 feet of any <br />existing well, unless the State Engineer finds that circumstances so warrant after a hearing <br />held in accordance with the procedural rules in 2 CCR 402 -5. This hearing may be waived <br />if you are able to obtain statements from the owners of all wells within 600 feet, verifying <br />that they have no objection to your use of the proposed well. Should a new well permit be <br />