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Ms. Lindsay M. Griffith, P.E. Page 4 <br />January 8, 2013 <br />Replacements <br />The evaporation losses, which consist of 31.13 acre -feet for the other ponds on the <br />Holcim Quarry DRMS permitted boundary under this SWSP will be covered by the evaporation <br />loss component of the changed Porter Ditch water right from Case No. 92CW35. In addition, the <br />total augmentation requirement to cover operational losses, which consists of 54.82 acre -feet, <br />will be replaced to the Arkansas River from a lease with Pueblo Board of Water Works <br />( "PBWW "). The lease water will be provided from PBWW stored water at Clear Creek Reservoir, <br />Turquoise Reservoir, Twin Lakes Reservoir, Pueblo Reservoir, or from any other reservoir or <br />place from which PBWW may legally deliver water, from storage or by exchange. Information <br />corresponding to the lease of water from PBWW is included as an attachment to this approval <br />letter. <br />Conditions of Approval <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 SWSP shall be valid for the period of January 1, 2013 through December 31, 2013, <br />unless otherwise revoked, modified, or superseded by decree. The Applicant is hereby <br />notified that this is the last approval under § 37 -90- 137(11), C.R.S. Unless you can <br />document that this proposed operation will qualify as open mining of "sand and <br />gravel" as described in § 37 -90- 137(11), C.R.S., this plan should be submitted <br />pursuant to § 37 -92 -308, C.R.S. If this plan will not be made absolute by a water <br />court action by the plan's expiration date, a renewal request must be submitted to <br />this office no later than October 1, 2013. The statutory fee of $300 will be required <br />pursuant to§ 37 -92 -308 (8), C.R.S. <br />2. Well permit no. 76814 -F was obtained for the current use and exposed pond surface <br />area of the gravel pit in accordance with §37 -90- 137(2) and (11), C.R.S. <br />3. The total surface area of the groundwater exposed at the Holcim Quarry site must not <br />exceed 8.3 acre during the approval period of this SWSP resulting in an annual <br />evaporative loss of 31.13 acre -feet (consistent with the evaporation loss component of the <br />changed Porter Ditch water right from Case No. 92CW35). <br />4. The annual amount of water used at the operation shall not exceed 80.31 acre -feet for dust <br />control (55 acre -feet allowed by the decree in Case No. 92CW35 and 25.31 acre -feet <br />allowed by this SWSP) and the total product mined shall not exceed 1,810,160 metric tons <br />resulting in 29.51 acre -feet of water lost with the product (calculated using a value of 2% <br />water content by weight, as the mined product is being removed from below the water <br />table, but in a dewatered state). <br />5. Total consumption at the Holcim Quarry site must not exceed the aforementioned <br />amounts unless an amendment is made to this plan. <br />6. Approval of the use of the evaporation loss component of the changed Porter Ditch water <br />right from Case No. 92CW35 will not make the Porter Ditch an alternate point of <br />diversion to any other ponds located on the Holcim's DRMS permitted boundary and will <br />not relieve the Applicant from the requirement to obtain a water court decree approved <br />