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Ms. Julia Keedy <br />June 6, 2012 <br />Page 3 <br />2. 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 historic consumptive use credit <br />given (e.g., agricultural water transfer) for this site must consider all previous credits given. <br />3. The ultimate losses associated with this mining operation must not exceed 78.31 acre -feet <br />during the period February 1, 2011 — January 31, 2012 and 88.74 acre -feet during the <br />period February 1, 2012 — January 31, 2013. Documentation of pond sizes may be required <br />by the Division Engineer in the form of an aerial photo evaluation or survey by a Professional <br />Land Surveyor during the plan year or in years covered by subsequent renewals of this plan. <br />4. The current flume for measuring the diversions of the Lester Attebery Ditch is not in <br />compliance with the provisions set forth in C.R.S. § 37 -84 -112 or Functional Standards. A <br />measurement method which does comply is required. An Order of the Division Engineer is <br />forthcoming that will require compliance within 60 days. Failure to comply with any Order of <br />the Division Engineer will result in curtailment of diversion, possible court action, fines and <br />shall void the approval of this SWSP. <br />5. All diversions, including dust suppression, must be measured in a manner acceptable to <br />the division engineer and in accordance with the "Amendments to Rules Governing the <br />Measurement of Tributary Ground Water Diversions Located in the Arkansas River Basin ". <br />6. The depletions from this operation, in addition to the accretions from proposed replacement <br />water under this plan, have been assumed instantaneous to the Arkansas River. The <br />Applicant is hereby notified that any subsequent SWSP renewal for this pit must <br />include depletions and accretions that have been lagged to the Arkansas River. The <br />lagging effect shall be based on the distance from the centroid(s) of the exposed <br />ground water surface(s) to the Arkansas River. This will ensure that all replacements <br />replace depletions in time, location, and amount. <br />7. Dewatering at this site will produce delayed depletions to the stream system. As long as <br />the pit is continuously dewatered, the water returned to the stream system should be <br />adequate to offset the depletions. However, once dewatering at the site ceases, the <br />delayed depletions must be addressed. At least three years prior to completion of mining, a <br />plan must be submitted that specifies how the post pumping dewatering depletions <br />(including refilling of the pit with ground water) will be replaced in time, place and amount. <br />The Applicant is hereby notified that if dewatering of the mined cell occurs only <br />during the summer months with the pit allowed to fill during the winter months, then <br />depletions to the stream as a result of refilling of the pit must be addressed in any <br />subsequent SWSP renewal for this pit. <br />8. The Applicant is hereby notified that they must replace the volume of water that filled <br />the 2.5 acre pond in Phase 2 when dewatering was last discontinued in 2010. This <br />amount of replacement water must be delivered to the Arkansas River near the <br />Grisenti site within 60 days of the date of this approval letter. <br />9. Applicant shall record a copy of this approval letter, a copy of the 45.4 acre area <br />monumented to be dried up, and a copy of the stock certificate for the 60 shares of Twin Lakes <br />Reservoir and Canal Company with the Fremont County Clerk and Recorder's Office. The 60 <br />shares of Twin Lakes dedicated to this plan may not be sold, leased or otherwise legally <br />encumbered during the term of this plan. <br />