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Peter Wayland <br />Nelson Mining Resource SWSP <br />February 1, 2012 <br />Page 4 <br />denied for reasons of 600 foot spacing, or any other legitimate reason, approval of this <br />substitute water supply plan will be cancelled. <br />4. The total surface area of the groundwater exposed at the Nelson Pit site must not exceed <br />12.6 acres, which results in a maximum evaporative annual Toss of 30.75 acre -feet. <br />5. Total consumption at the Nelson Pit site must not exceed these aforementioned amounts <br />unless an amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. This office must first approve <br />any additional uses for the water. Any future additional historic consumptive use credit <br />given (e.g., agricultural water transfer) for this site must consider all previous credits given. <br />7. The water attributable to 0.434 shares of the Last Chance Ditch must continue to be <br />diverted in priority at the ditch and reservoir then measured back to the Saint Vrain <br />Creek in the vicinity of the Nelson Pit. Adequate measuring devices acceptable to the <br />water commissioner must be installed. <br />8. The Applicant is required to maintain the historical return flow obligations that are <br />associated with the use of the 0.434 shares of Last Chance Ditch water used for <br />replacement purposes in this plan. <br />9. The replacement water that is the subject of this plan cannot be sold or leased to any <br />other entity. As a condition of subsequent renewals of this substitute water supply plan, <br />the replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. All replacement water must be concurrent with depletions in quantity, timing, <br />and locations. <br />10. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Greeley (Div1Accountinqstate.co.us) and the water commissioner (Shera <br />Sumerford at Shera.Sumerfordstate.co.us) on a monthly basis or other interval <br />acceptable to both of them. The accounting form provided with your application is <br />subject to modification and approval by the division engineer. Submitted accounting <br />shall conform to the Administration Protocol "Augmentation Plan Accounting, Division <br />One — South Platte River" (attached). <br />In addition, the applicant shall verify that the City of Longmont ( "Longmont ") has <br />submitted a report to the Division Engineer that includes an accounting of all <br />replacement water controlled by Longmont, showing the total volume of water under its <br />control and the amount committed to each of the recipients of the water, including the <br />water committed to this plan. <br />11. The name, mailing address, and phone number of the contact person who will be <br />responsible for operation and accounting of this plan must be provided on the accounting <br />forms to the division engineer and water commissioner. <br />12. The approval of this substitute water supply plan does not relieve the Applicant and /or <br />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 Tong -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 />