2013-10-22_HYDROLOGY - M1977436 - Laserfiche WebLink

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Julia Keedy Page 2 of 9 RMCC Combined SWSP October 21, 2013 • Existing Plant Site (not mined and not lined). This plan will also cover depletions from ground water evaporated in the North Tower Pit (well permit no. 66131 -F, WDID 0203037), which is directly adjacent to the Bromley Lakes site. The North Tower Pit has been completely mined, is not lined, and is the subject of a court application for an augmentation plan and change of water right in case no. 90CW39. The City of Brighton obtained a storage water right in the Ken Mitchell Lakes (which includes Cells 1, 2 and 3) in case no. 1998CW018 (2006CW222). Figure 2 (enclosed) shows the various portions of the site and the area of exposed ground water. Depletions will result from: • evaporative losses of exposed ground water: (a) North Tower Pit, (b) Bromley Cell 2, (c) Bromley Lakes Lot 2, (d) Cell 3 /Lot 1 (only until Brighton starts storing and accounting for water, planned November 2013) • water used to wash product — obtained from Bromley Cell 2 • water lost with mined product' —Lot 2, Plant Site • dewatering activity to facilitate mining — Lot 2, Plant Site, not planned at Cell 3 / Lot 1. The proposed replacement sources are consumptive use credits from 70 Fulton Ditch shares owned by the Applicant, fully consumable water in storage, and water leased from the City of Brighton. In accordance with the letter dated April 30, 2010 from the Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS required that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The DRMS letter identified four approaches to satisfy this requirement. In accordance with approach no. 4, you have provided an affidavit dated August 4, 2010 that dedicates the 70 shares of the Fulton Ditch water as replacement water solely for this SWSP for as long as there are depletions at this gravel pit site or until such time as another replacement source is obtained. A copy of the affidavit is attached to this letter. For the purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; however, if the State Engineer determines that a different affidavit or dedication process is necessary to assure proper dedication of the shares, additional information may be required prior to future SWSP approvals. Also, in accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained for $4,169,240 that can cover the cost of lining or backfilling the Bromley Lakes site to prevent the exposure of ground water. ' Per Hal Simpson memo, water in product within an approved liner is not considered a depletion. Ken Mitchell Lake and Cell 3 /Lot 1 have approved liners.