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Angela Aldred, P.E. <br />May 21, 2012 <br />CONDITIONS OF APPROVAL <br />Page 3 <br />This substitute water supply plan is hereby approved pursuant to Section 37 -90- 137(11), <br />C.R.S., subject to the following conditions: <br />1. This current plan shall be valid through March 31, 2013, unless otherwise revoked or modified. <br />2. Active mining of the site shall not exceed 50 acres unless an amendment to this plan has been <br />approved. <br />3. The mined cell must be maintained in a de- watered state to the extent that the exposed water <br />surface area does not exceed a total of 5.5 acres including all ponds, collection areas, <br />dewatering trenches, and return trenches. <br />4. If the actual water surface exposure exceeds 5.5 acres, the additional evaporative depletion must <br />be accounted for and replaced via an amendment to this plan. Documentation of the water <br />surface area, in the form of an aerial photo evaluation or survey by a Professional Land <br />Surveyor, must be submitted to both the Division Office and State Engineer's Office prior <br />to June 1, 2012. <br />5. The consumption associated with this mining operation is limited to evaporation, dust <br />suppression, and water lost in product not to exceed a total of 30.24 acre -feet in lagged <br />depletions during the 2012 plan year. All diversions for dust suppression must be metered <br />in compliance with the "Amended Rules Governing the Measurement of Tributary <br />Ground Water Diversions Located in the Arkansas River Basin." A totalizing flow meter <br />must be installed and certified for accuracy by a state approved well tester no later than <br />June 30, 2012. <br />6. AGUA/Fremont Paving agree to replace out -of- priority depletions to senior surface water rights in <br />Colorado and depletions to usable Stateline flows occurring after the expiration date of the plan <br />(March 31, 2013) that are caused by diversions of groundwater during the life of the Plan. To <br />guarantee that sufficient augmentation water will be provided to replace such depletions, AGUA <br />has committed an additional 8.7 acre -feet beyond the 30.3 acre -feet required to cover depletions <br />during the 2012 plan year, for a total of 39 acre -feet in the 2 -year lease with Fremont Paving. <br />The 2 -year water lease between AGUA and Fremont Paving was not included with the <br />submittal; therefore, a copy of the lease must be provided to both the Division Office and <br />the State Engineer's Office prior to June 4, 2012. <br />7. Releases of water by AGUA pursuant to this plan shall be coordinated with the Division Engineer <br />and the Augmentation Coordinator and shall equal or exceed the depletions to be replaced on a <br />monthly basis. <br />8. Accounting of water in this plan, including excavated area, area of actual ground water <br />exposure, pumping, stream depletions, and replacement water deliveries must be provided to <br />the Water Commissioner (Peter. Kasper(@state.co.us) and Division Engineer <br />( Div2Ground.WaterCaD-state.co.us) on forms and at times acceptable to them. Said accounting <br />must be received by the 10"' of the month following the month being reported. The name, <br />mailing address, and phone number of the contact person who is responsible for operation and <br />accounting of this plan must be provided on the accounting forms. Repeated attempts to <br />correct issues with your reporting form have yet to be addressed. New accounting form <br />with proper units for each column and accurate water surface area measurement must <br />be implemented immediately. <br />