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Mr. Paul Bruss Page 3 <br />February 13, 2013 <br />POST PLAN DEPLETIONS <br />Should the dewatering of the Phase 2 pit cease, Transit Mix shall dedicate the 60 shares of <br />Twin Lakes Reservoir water to this plan. These shares along with the historical consumptive use <br />credit will provide adequate replacement water to cover 35 acres of potentially exposed ground <br />water. <br />CONDITIONS OF APPROVAL <br />The state and division engineers have reviewed the plan and the adequacy of each source <br />of water provided for use as augmentation water, including, where necessary, the historical <br />consumptive use of each water right, and return flows from diversion of waters imported into the <br />Arkansas River Basin or other fully consumable waters proposed for use as augmentation water. <br />In accordance with C.R.S. § 25 -8- 202(7) and Senate Bill 89 -181 Rules and Regulations adopted <br />on February 4, 1992, the state engineer has determined that subject to the terms and conditions <br />below, the replacement supply is of a quality to meet the requirements of use to senior <br />appropriators. <br />This substitute water supply plan is hereby approved pursuant to C.R.S. § 37- 90- 137(11), <br />subject to the following conditions: <br />1. This current plan shall be valid through January 31, 2015, unless otherwise revoked or <br />modified. <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 lagged depletions associated with this mining operation must not exceed 114.12 acre -feet <br />during the period February 1, 2013 — January 31, 2014 and 130.62 acre -feet during the <br />period February 1, 2014 — January 31, 2015. 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. 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 />5. 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 as <br />outlined by Guideline 14 of the April 1, 2011 General Guidelines for Substitute Water <br />Supply Plans for Sand and Gravel Pits. <br />