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Cheryl Signs, P.E. <br />Durham Combined SWSP <br />April 15, 2013 <br />Page 6 <br />approved, consumptive use and exposure of groundwater on this site is prohibited. The provisions of § <br />37 -90- 137(2), C.R.S., prohibit the issuance of a permit for a well to be located within 600 feet of any <br />existing well, unless the State Engineer finds that circumstances so warrant after a hearing held in <br />accordance with the procedural rules in 2CCR402 -5. This hearing may be waived if you are able to <br />obtain statements from the owners of all wells within 600 feet, verifying that they have no objection to <br />your use of the proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or <br />any other legitimate reason, approval of this SWSP will be cancelled. This SWSP is subject to <br />cancellation if the Applicant does not file for the appropriate well permits within 45 days from <br />this SWSP approval date. <br />4. The total surface area of the groundwater exposed after December 31, 1980 must not exceed 15.0 <br />acres at the Durham Pit, which results in a maximum evaporative annual loss at the Durham Pit of <br />37.84 acre -feet. The total surface area of groundwater exposed must not exceed 1.0 acre at the <br />Dakolios Pit, which results in a maximum evaporative annual loss of 2.55 acre -feet. The total surface <br />area of groundwater exposed must not exceed 10 acres, which results in a maximum evaporative <br />annual loss of 25.22 acre -feet. <br />5. The annual water used for dust control at the Durham Pit shall not exceed 2.76 acre -feet, the total <br />product mined at the Durham Pit site shall not exceed 700,000 tons per year, which results in 20.60 <br />acre -feet of water lost with the mined aggregate, and 3.50 acre -feet for concrete batching. <br />6. The annual water used for dust control at the Western Sugar Pit shall not exceed 2.80 acre -feet, the <br />total product mined at the Western Sugar Pit shall not exceed 580,000 tons per year, which results in <br />17.07 acre -feet of water lost with the mined aggregate, and 2.80 acre -feet for concrete batching. <br />7. Total consumption at the Durham, Dakolios, and Western Sugar Pits must not exceed these <br />aforementioned amounts unless an amendment is made to this SWSP. <br />8. Approval of this SWSP is for the purposes as stated herein. This office must first approve any <br />additional uses for the water. Any future additional historical consumptive use credit given (e.g., <br />agricultural water transfer) for this site must consider all previous credits given. <br />9. All pumping for dust control shall be measured in a manner acceptable to the division engineer. <br />10. The water attributable to 5 shares of the Greeley Canal No. 3 and Fossil Creek Reservoir must <br />continue to be diverted in priority at the ditch and reservoir then measured back to the Cache La <br />Poudre River in the vicinity of the Durham Pit. Adequate measuring devices acceptable to the water <br />commissioner must be installed. <br />11. The Applicant is required to maintain the historical return flow obligations that are associated with <br />the use of the five shares of Greeley Canal No. 3 and the Applicant's Fossil Creek Reservoir water <br />used for replacement purposes in this SWSP. <br />12. If the gravel pit included in this SWSP causes depletions that affect a senior surface water right at a <br />location where this SWSP cannot provide replacement water, the gravel pit site is subject to <br />curtailment until arrangements are made to provide replacement water at a point which will preclude <br />injury to the calling senior surface water right. The gravel pit operator is responsible for providing <br />replacement water in time, location, and amount to offset all out -of- priority depletions. By exposing <br />ground water at this gravel pit site it is assumed that the Applicant agrees to abide by the conditions <br />of this SWSP. <br />13. Adequate accounting of depletions and replacements must be provided to the division engineer in <br />Greeley (Div1Accountinq(c�state.co.us) and the water commissioner (Mark Simpson at <br />mark.simpsonstate.co.us) and (Shera Sumerford at Shera.Sumerfordstate.co.us) on a monthly <br />basis or other interval acceptable to both of them. The accounting form provided with your <br />