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Jared Dains Page 2 <br />November 18, 2013 <br />letter from DRMS requires that you provide information to DRMS to demonstrate you can <br />replace long term injurious stream depletions that result from mining related exposure of <br />ground water. <br />In accordance with approach nos. 1 and 3, you have indicated that a bond has <br />been obtained for $432,522 through the Division of Reclamation, Mining, and Safety <br />( "DRMS ") to assure that depletions from groundwater evaporation do not occur in the <br />unforeseen event, or events, that would lead to the abandonment of the Pit. <br />DEPLETIONS <br />According to the submittal, the only consumptive uses of water are from dust control, which <br />you have estimated to be approximately 3.5 acre -feet per year, and evaporation from the ground <br />water pond. Based on the NOAA Technical Report NWS -33, gross annual evaporation at the <br />location of the ground water pond is approximately 46.0 inches (3.83 acre -feet per surface <br />acre), or 0.58 acre -feet per year for the ground water pond (based on a pond surface area of 0.2 <br />acres). The total of 3.5 acre -feet per year for dust control would be withdrawn from well permit no. <br />59834 -F and piped approximately one mile to the storage tank. <br />The timing of depletions to Rock Creek attributable to pumping from the sump well no. <br />59834 -F were calculated using the Integrated Decision Support System AWAS program utilizing <br />the following lagging parameters: X =390 feet, transmissivity= 30,000 gallons per foot per day, <br />aquifer width =3,500 feet and specific yield =0.2. Due to the location of the sump and the lagging <br />parameters used, the stream depletions were determined to be 3.49 acre -feet. The ground water <br />pond is not located within the defined alluvium aquifer therefore for the purpose of this SWSP, the <br />Applicant assumed steady -state conditions, thus depletions accrue to the river uniformly through <br />the year. The total steady -state depletions covered by this plan period are 4.07 acre -feet as shown <br />on the attached Table 3. <br />The SWSP does not allow for use of storm water that may collect in on -site pits. Storm <br />water must be pumped out of any impoundment so it may enter the local drainage back to the <br />stream within 72 hours. <br />REPLACEMENTS <br />Replacement water will be supplied by historic consumptive use credits from 20 shares of <br />the Fountain Mutual Irrigation Company (FMIC) to Fountain Creek at FMIC's augmentation station <br />located on Spring Creek in Colorado Springs. Replacement credits for the Fountain Mutual shares <br />have averaged 0.7 acre -feet per share per year, representing a portion of farm headgate delivery. <br />These share percentages have been confirmed in previous court cases, most recently Case No. <br />07CW51. You have estimated that the 20 shares would yield 14 acre -feet per year of replacement <br />water, which is sufficient to cover the estimated depletions from the consumptive uses mentioned <br />above (including the requirement to replace the gross evaporation from the storage pond). <br />Transit losses will occur down Fountain Creek to the delivery point distance an estimated <br />distance of 18 miles. An average transit loss of 0.25% per mile (total transit loss of 4.5 %) was <br />estimated and assessed against the 20 shares of FMIC replacement credits, as shown in the <br />attached Table 5. Please note that the 0.25% per mile transit loss is only an estimate and the <br />actual transit loss shall be determined by the Fountain Creek Transit Loss Model, as <br />outlined in conditions of approval nos. 7 and 10 of this plan. In the event that accounting <br />shows that the FMIC shares are not yielding adequate amounts for replacements, you will seek <br />