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Mr. Jared Dains, E.I. Page 6 of 8 <br />March 27, 2013 <br />3. A well permit was obtained for the current use and exposed pond surface area of the <br />gravel pit in accordance with §37 -90- 137(2) and (11), C.R.S., permit no. 74638 -F. The <br />total surface area of the ground water exposed at the Greeley Pit after December 31, <br />1980 must not exceed 31.8 acres during the approval period of this plan, resulting in <br />88.31 acre -feet of evaporative loss. <br />4. The annual amount of water used at the Greeley Pit for dust control shall not exceed <br />1.00 acre -feet. <br />5. The total product mined at the Greeley Pit during this plan period shall not exceed 20,400 <br />tons, resulting in 0.60 acre -feet of water lost with the mined aggregate and 3.52 acre -feet of <br />water removed by the "intermittent fill." <br />6. Total consumption at the Greeley Pit must not exceed these aforementioned amounts <br />unless an amendment is made to this plan. <br />7. Approval of this plan is for the purposes as stated herein. Any additional uses for which <br />the water may be used will be allowed only if a new SWSP is approved for those <br />additional uses. <br />8. Applicant shall replace the net evaporative depletions from the exposed ground water <br />surface area that may occur during the assumed ice covered period (December and <br />January) for any time that the exposed ground water in the pit is not completely covered <br />by ice. <br />9. All releases of replacement water must be sufficient to cover all out -of- priority depletions <br />in time, place, and amount and must be made under the direction and /or the approval of <br />the water commissioner. The release of replacement water may be aggregated to <br />maximize beneficial use. The water commissioner and /or the division engineer shall <br />determine the rate and timing of an aggregated release. The Applicant is required to <br />coordinate with the water commissioner the delivery location of replacement water to <br />ensure out -of- priority depletions are adequately replaced to prevent injury to other water <br />rights. Conveyance loss for delivery of augmentation water is subject to assessment and <br />modification as determined by the water commissioner or division engineer. <br />10. The replacement water that is the subject of this plan cannot be sold or leased to any other <br />entity. As a condition of subsequent renewals of this substitute water supply plan, the <br />replacement water must be appurtenant to this site until a plan for augmentation is <br />obtained. A copy of this approval letter should be recorded with the county clerk and <br />recorder. All replacement water must be concurrent with depletions in quantity, timing, and <br />location. <br />11. The water attributable to the 3.0 shares of the GIC must continue to be diverted in <br />priority at the ditch and then measured back to the Cache La Poudre River in the vicinity <br />of the Greeley Pit. Adequate measuring devices acceptable to the water commissioner <br />must be installed. <br />12. The submitted affidavit dedicating the 3.0 GIC shares as replacement water is not <br />sufficient to provide long term augmentation water for the current exposed <br />surface area, nor for the planned exposed surface area, and thus is not sufficient <br />to meet approach no. 4 as outlined in the April 30, 2010 DRMS letter. Therefore, in <br />order for this plan to be extended beyond October 31, 2013 the applicant must <br />provide documentation showing the applicant can cover the Ionq term <br />augmentation of the site, or has an approved plan in writing with DRMS by which <br />the Applicant will obtain compliance with the April 30, 2010 DRMS letter. This can <br />