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Mr. Peter Foster <br />August 13, 2015 <br />Page 2 of 6 <br />cover the planned full build -out conditions. The current operation, which consists of gravel <br />mining and concrete production, was covered by an augmentation plan decreed by the <br />Division 7 Water Court in Case No. 03CW65. However, since the augmentation plan does not <br />cover these changes, the augmentation plan will no longer be used and the entire operation <br />will be covered by this SWSP. The changes to the operation include: <br />A. An updated evaporation calculation and increased rate of evaporation from the <br />exposed water surface due to mining operations. <br />B. Addition of delayed depletions to the stream system from the operation of the <br />gravel pits. <br />C. The water used in the gravel washing operation under the augmentation plan was <br />100% consumed because the gravel washing return flows returned to the Pine River <br />downstream of the Pine River Canal, the calling water right. For this SWSP, the <br />gravel washing operations have been changed. The wash water will be added to <br />Bayfield Pit No. 1 for settlement purposes before entering Bayfield Pit No. 2 for <br />discharge to the Pine River upstream of the Pine River Canal. Since the return <br />flows will be returned upstream of the calling water right, the gravel washing <br />return flow will be taken as a credit in this plan. <br />D. An expansion of the mining operation may continue to occur over the next several <br />years. For SWSP plan years 7 and 8 (April 20, 2015 - April 19, 2017), mining <br />operations will continue to remove materials from below the natural ground water <br />table (see Figure 2). <br />For operations during SWSP plan years seven and eight, except for the above -referenced <br />changes, the operation will continue as described in the augmentation plan decreed in <br />03CW65. Therefore, there is neither conflict with the amount of augmentation water <br />decreed nor the uses specified in the decree. At full build -out, however, the water surface <br />area will exceed the decreed 28.39 acres; therefore, the operation is now to be covered <br />under this SWSP and either the existing augmentation plan will be amended or a new <br />augmentation plan will be filed to account for the full build -out exposed surface area. <br />In accordance with the letter dated April 30, 2010 from the Colorado Division of Reclamation, <br />Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the <br />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 <br />that result from mining related exposure of ground water. According to the renewal request, <br />there is an existing plan for augmentation decreed by the Division 7 Water Court in case no. <br />03CW65; however, the existing plan for augmentation covers evaporation off of 28.39 acres <br />and the exposed surface area at full build -out is expected to be 39.1 acres. Therefore, in <br />accordance with the April 30, 2010 letter from DRMS, please provide an explanation <br />and/or documentation to demonstrate that replacement of long term injurious stream <br />depletions that result from the 10.71 acres of exposed ground water not covered under <br />Division 7 Water Court case no. 03CW65 can be made in the unforeseen event, or events, <br />�OF �UCO�q <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.3589 www. water. state. co. us <br />