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Mr. Fred Blumberg Page 3 <br />June 4, 2012 <br />I hereby approve the proposed SWSP in accordance with § 37 -90- 137(11), C.R.S., <br />subject to the following conditions: <br />1. This current plan shall be valid through December 31, 2012 unless otherwise revoked or <br />modified. The previous plan for the period March 1, 2011 — January 31, 2012 has been <br />retroactively approved herein. <br />2. A request for renewal of this plan must be submitted to this office with the statutory fee <br />then in effect (currently $257) at least 90 days prior to the date of expiration (no later than <br />October 2, 2012). <br />3. Depletions to the Arkansas River have not been proven to be instantaneous, merely <br />assumed to be instantaneous due to the geologic formation (fractured limestone) and the <br />proximity to the river. Fracture flow in limestone varies by the orientation of the fractures. <br />This condition serves as notice that for any renewal of this SWSP, the applicant <br />must prove that these depletions are instantaneous, or provide the schedule of the <br />lagged depletions and a post - pumping replacement plan. <br />4. The total surface area of the groundwater exposed at three pits must not exceed 2.37 <br />acres, resulting in a net evaporative loss of 7.94 acre -feet. <br />5. The total amount of water used at the Holcim Quarry site shall not exceed 15.76 acre - <br />feet of water for dust control and 16.3 acre -feet of water removed in the mined product. <br />Accordingly, Holcim is limited to mining a maximum of 999,747 metric tons of material <br />(mined from below the ground water table in a dewatered state) during this plan period. <br />6. Total consumption at the pits must not exceed these aforementioned amounts unless an <br />amendment is made to this SWSP. <br />7. Approval of this SWSP is for the purposes as stated herein. Any additional uses for <br />which the water may be used must first be approved by this office. Any future additional <br />historical consumptive use credit given (e.g. agricultural water transfer) for this site must <br />consider all previous credits given. <br />8. The replacement water, which is the subject of this SWSP, cannot be sold or leased to <br />any other entity. As a condition of subsequent renewals of this SWSP, the replacement <br />water must be appurtenant to this site until a plan for augmentation is obtained. All <br />replacement water must be concurrent with depletions in quantity, timing and locations. <br />9. The name, address and phone number of the contact person who will be responsible for <br />the operation and accounting of this SWSP must be provided with the accounting form to <br />the division engineer and water commissioner. <br />10. Adequate accounting of depletions and replacements must be provided to the division <br />engineer in Pueblo (Div2Accountinqstate.co.us) and the water commissioner (Brian <br />Sutton) at Brian.Sutton@a,state.co.us) on a monthly basis or other interval acceptable to <br />both of them. The accounting form provided with your application is subject to <br />modification and approval by the division engineer. All amounts shall be in acre -feet. <br />11. All pumping for dust control shall be measured in a manner acceptable to the division <br />