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Upper Poudre Combined SWSP Page 6 of 11 <br />June 26, 2015 <br />The delivery point is on the north side of this pond and from the pond the water will flow to the Cache <br />La Poudre River. Typically, any time water is being delivered to the pond, water from the pond will <br />spill into the Cache La Poudre River; however, in the event that deliveries are made while water is not <br />spilling from the pond, the Applicant is required to notify and coordinate with the water commissioner <br />to ensure that depletions are replaced in time, location, and amount. All deliveries will be recorded <br />daily and any excess deliveries will be sent directly back to the river without claiming augmentation <br />credit. The return flow obligations associated with the use of the Taylor Et Gill Ditch shares will be <br />calculated using the same return flow factors as shown in the attached Table 4, column E. Return flow <br />obligations during the summer months will be calculated by multiplying the monthly delivery to the <br />river by its respective monthly factor. Obligations during winter months will be calculated by <br />multiplying the previous irrigation season's annual delivery to the river (54.88 acre-feet for 2014) by its <br />respective monthly factor. Return flow obligations will be calculated based on the actual timing of <br />direct returns. After accounting for return flow obligations, the Taylor Et Gill Ditch shares delivered <br />directly to the Cache La Poudre River are projected to generate a total of 97.51 acre-feet of available <br />replacement water during this plan period. <br />A monthly breakdown of the stream depletions from the mining sites as well as the replacement <br />credits from recharge and direct delivery of the Taylor Et Gill Ditch shares is shown in the attached <br />Table 5. Surplus replacement credits may be used for replacement of depletions at other MMM project <br />sites under separate approval. <br />Long Term Augmentation <br />In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division <br />of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with <br />the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the <br />protection of water resources. The April 30, 2010 letter from DRMS requires that you provide <br />information to DRMS to demonstrate you can replace long term injurious stream depletions that <br />result from mining related exposure of ground water. The DRMS letter identifies four approaches to <br />satisfy this requirement. In accordance with approach nos. 1 and 3, you have obtained bonds <br />through DRMS which may be used to backfill or line areas of exposed ground water. <br />According to the mining permits with DRMS, the reclamation plan for the Home Office Pit and <br />North Taft Hill Expansion Site is to create unlined ground water ponds. These two sites also have <br />conditional water storage rights for future lined reservoirs in water court case no. 92CW157. For the <br />Overland Ponds site, the DRMS mining permit reclamation plan is to create lined reservoirs and the <br />site has pending water storage rights for future lined reservoirs in water court case no. OOCW251. If <br />reclamation at any mine site produces a permanent water surface exposing ground water to <br />evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court <br />at least three years prior to the completion of mining to include, but not be limited to, long-term <br />evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall <br />continue until there is no longer an effect of stream flow. A summary of the final reclamation plan <br />and the current posted bond amounts for each site is shown on the next page. <br />