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Cheryl Signs, P.E. Page 2 <br /> Durham Combined SWSP <br /> August 12, 2014 <br /> Plan Operation <br /> VCI is the operator of the Durham Pit and Western Sugar Pit. Mining is active at the Durham Pit <br /> and Western Sugar Pit and depletions are caused by evaporation of groundwater as well as operational <br /> losses including water lost in mined product, dust control, and concrete batching. The Durham SWSP has <br /> been previously amended to include evaporative losses from their Dakolios Pit, Western Sugar Pit and <br /> depletions caused by the Feit Well (WDID 0304999) which serves a batch plant on a parcel west of the <br /> Durham facility. Replacement water will come from Greeley Irrigation Company ("GIC") shares and water <br /> stored in lined reservoirs (112, Dakolios, and Von Ohlen). The storage water will be from changed Rural <br /> Ditch, Last Chance Ditch, Godding Ditch and Hayseed Ditch water rights. The Rural Ditch stored water is <br /> also used to cover depletions at Kurtz Pit site (DRMS M-1999-006, WDID 0502513) and Heinzelman Pit <br /> site (DRMS M-2009-18, WDID 0502525) pursuant to the decreed approved in case no. 2003CW306. <br /> Depletions <br /> The depletions under this amended combined SWSP resulting from evaporation, water lost in <br /> product, dust control and concrete production are shown in Table C below: <br /> TABLE C — DEPLETION SUMMARY <br /> Evaporation Product Dust Control Concrete Total Lagged <br /> Site Name Loss Moisture Loss (ac-ft) Production Depletions Depletions'"* <br /> (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) <br /> Durham Pit 37.87 7.80* 3.48 23.50+14.52' 72.62 87.15 <br /> Western Sugar 63.06 50.03" 8.64 0.0 121.73 121.75 <br /> Pit <br /> Cache la Poudre River Net Depletions 208.90 <br /> Dakolios Pit 2.55 0.0 0.0 0.0 2.55 2.55 <br /> St.Vrain Creek Net Depletions 2.55 <br /> Total Net Depletions 211.45 <br /> Based on 265,000 tons of mined material (7.80 acre-feet); 14.52 acre-feet pumped from Feit Well (Permit No. 76867-F)for <br /> concrete production at Feit Gravel Pit <br /> " Based on 1,700,000 tons of mined material <br /> The total net depletions for Durham Pit,Western Sugar Pit and Feit Well (Permit No. 76867-F)were taken from Tables 2,4 <br /> and 6 (attached) <br /> Durham Pit <br /> The currently exposed groundwater at the site totals 59.6 acres. According to the information <br /> submitted, 44.6 acres of water surface was exposed within the reclamation permit boundary prior to <br /> January 1, 1981. Based on the Division 1 Water Court decision in case no. 2009CW49, the <br /> replacement of evaporative depletions is not required for ground water exposed to the atmosphere prior <br /> to January 1, 1981 through open mining of sand and gravel, regardless of whether open mining <br /> operations continued or were reactivated on or after that date. The Water Court effectively held that <br /> Senate Bill 120 of 1989, as amended in Senate Bill 93-260, exempted all pre-1981 exposed ground <br /> water regardless of whether open mining operations continued or were reactivated on or after January <br /> 1, 1981. Accordingly, for the 59.6 acres (44.6 acres exposed prior to January 1, 1981 and 15.0 exposed <br /> after December 31, 1980) of ground water currently exposed at the Durham Pit site, replacement of <br /> evaporative depletions is only required for the 15.0 acres exposed after December 31, 1980. The area <br />