Laserfiche WebLink
Decree <br /> Case No. 04CW6 <br /> 20. Mining Operational losses. Applicant will make industrial and commercial use of <br /> groundwater associated with certain aggregate mining and related activities on the <br /> Kehn Property. All such uses including, but not limited to those used for dust <br /> control, concrete batching, as well as those occurring from water removed within <br /> the mined product, will occur seasonally and vary in amounts approximately <br /> proportional to the amount of aggregate removed. <br /> 20.1. Assumptions used to Estimate Monthly Operational Losses. Applicant used <br /> the General Guidelines for Substitute Water Supply Plans for Sand and <br /> Gravel Pits Submitted to the State Engineer Pursuant to SB 89-120 and SB <br /> 93-260 to estimate the water consumed by the operational uses described <br /> above under the assumption that 200,000 total tons of aggregate are <br /> removed annually. Operational losses resulting from operations will occur <br /> seasonally. Applicant is proposing to mine approximately 200,000 tons of <br /> material from the Timnath Pit each year, distributed evenly between all 12 <br /> months. The amount of water in weight that is removed in the mined <br /> material is 4% of the mined product,which would result in a total water loss <br /> of 5.9 acre-feet annually and is considered to be 100 percent consumed. <br /> Water pumped from the Timnath Pit for dust control purposes is estimated <br /> at 3.0 acre-feet annually and is considered to be 100 percent consumed. <br /> Water is also pumped from the Timnath Pit for gravel washing operations. <br /> The total annual use for gravel washing operations is estimated to be 14.30 <br /> acre-feet per year with an assumed consumptive use of 10 percent(1.43 <br /> acre-feet per year). Finally, water is pumped from the pit to wash concrete <br /> mixers and related equipment and is estimated to be 10 acre-feet per year <br /> and is considered to be 100 percent consumed. <br /> 20.2. Monthly Operational Losses. The estimated monthly and total annual <br /> consumptive use of groundwater from the Timnath Pit resulting from the <br /> mining-related operations are presented in the Table 5 below. Applicant <br /> shall use the monthly estimated losses in Table 5 to determine its monthly <br /> replacement obligation for operational losses pursuant to the Augmentation <br /> Plan approved in this decree. Applicant shall report the amount of aggregate <br /> mined annually to the court and opposers in this case, and limit the amount <br /> of aggregate mined annually to 200,000 tons to ensure that the estimated <br /> operational losses are not exceeded. The court shall retain jurisdiction of this <br /> matter to resolve any question of injury related to any exceedance by the <br /> Applicant of the annual limit of 200,000 tons of mined aggregate. <br /> 7 <br />