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Cheryl Signs, P.E. <br />Kurtz SWSP <br />April 15, 2013 <br />released to replace non - irrigation season depletions for the Durham Pit and Everist's Lohmann Pit, <br />Rinn Valley Pit, Firestone Pit, Fort Lupton Pit and Lupton Meadows Pit. <br />The monthly depletions and replacement requirements are found on the attached Table 1. <br />Page 4 <br />Conditions of Approval <br />I hereby approve the proposed substitute water supply plan in accordance with §37 -90- 137(11), <br />C.R.S. subject to the following conditions: <br />1. This plan is approved with the effective date of November 1, 2012 and shall be valid through <br />October 31, 2014 unless otherwise revoked or modified. If this plan is not decreed in water court by <br />the plan's expiration date, a renewal request must be submitted to this office with the statutory fee of <br />$257 no later than September 15, 2014. <br />2. Well permit no. 74385 -F, was obtained for the current use and exposed pond surface area of the <br />gravel pit pond in accordance with §37 -90- 137(2) and (11), C.R.S. <br />3. The total surface area of the groundwater exposed at the Kurtz site must not exceed 7.8 acres, which <br />results in a maximum evaporative annual loss of 20.06 acre -feet. <br />4. The annual water used for dust control at the Kurtz Pit shall not exceed 3.36 acre -feet and the total <br />product mined at the Kurtz Pit site shall not exceed 700,000 tons per year, which results in 20.60 acre - <br />feet of water lost with the mined aggregate. <br />5. Total consumption at the Kurtz Pit must not exceed these aforementioned amounts unless an <br />amendment is made to this plan. <br />6. Approval of this plan is for the purposes as stated herein. This office must first approve any additional <br />uses for the water. Any future additional historic consumptive use credit given (e.g., agricultural water <br />transfer) for this site must consider all previous credits given. <br />7. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br />8. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a <br />condition of subsequent renewals of this substitute water supply plan, the replacement water must be <br />appurtenant to this site until a plan for augmentation is obtained. All replacement water must be <br />concurrent with depletions in quantity, timing, and locations. <br />9. Adequate accounting of depletions and replacements must be provided to the division engineer in <br />Greeley (Div1AccountingCu�state.co.us) and the water commissioner (Shera Sumerford at <br />Shera.Sumerfordstate.co.us) on a monthly basis or other interval acceptable to both of them. <br />The accounting form provided with your application is subject to modification and approval by the <br />division engineer. All submitted accounting shall conform to the Administration Protocol <br />"Augmentation Plan Accounting, Division One — South Platte River" (attached). <br />10. The name, mailing address, and phone number of the contact person who will be responsible for <br />operation and accounting of this plan must be provided on the accounting forms to the division <br />engineer and water commissioner. <br />11. If reclamation of the mine site will produce a permanent water surface exposing groundwater to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at <br />least three years prior to the completion of mining to include, but not be limited to, long -term <br />evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of <br />