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<br /> <br />Builder’s Aggregate SWSP August 18, 2017 <br /> Page 4 of 7 <br /> <br />The accretion reaches described in Paragraph 20.1 of Riverside’s decree in case no. 02CW86 are as <br />follows: <br />• River Reach No. 1: Riverside Inlet Ditch headgate to the Fort Morgan Canal headgate <br />• River Reach No. 2: Fort Morgan Canal headgate to the Upper Platte and Beaver Canal <br />headgate <br />• River Reach No. 3: Upper Platte and Beaver Canal headgate to the Lower Platte and <br />Beaver Canal headgate <br />• River Reach No. 4: Lower Platte and Beaver Canal headgate to the North Sterling <br />Canal headgate <br /> <br />The Applicant’s depletions impact the South Platte River in Riverside’s Reach 3. Replacement <br />supplies must be provided to Reach 3 or above the next downstream calling water right. As of the <br />accounting filed for June of 2017, Riverside does not project any augmentation accretions from the <br />available sources to Reach 3. In months where accretions to Reach 3 cannot be leased to BA and <br />the call is such that replacement must be provided to Reach 3, Riverside will need to coordinate <br />with the water commissioner in order to bypass supplies from Reach 2 to Reach 3 and will need to <br />pay transit loss on those accretions. If the call is downstream of Reach 3, Riverside may have excess <br />credits that can be applied within Reach 4 without a need to apply transit losses. <br /> <br />Pre-1981 Exposed Area <br /> <br />The Applicant described that a portion of the potential mined area was exposed to evaporation <br />prior to 1981 and was naturally filled during flood events. The Applicant’s Figure 2 shows the pre- <br />1981 exposed area that is within the currently mining permit boundary. This area totals 0.76 acres, <br />and it is not clear if any of this area is currently exposed to evaporation, since the stream channel <br />has undergone a number of changes in recent years. Pursuant to Section 37-90-137(11)(b), C.R.S., <br />a gravel pit operator does not need to replace depletions that occur due to evaporation from <br />ground water exposed prior to January 1, 1981. <br /> <br />BA is not claiming the pre-1981 area to offset any of the planned exposed groundwater during this <br />SWSP approval period. In order to claim the pre-1981 exemption in future years, the Applicant will <br />need to comply with the requirements described in the Guidelines for SWSPs for Sand and Gravel <br />Pits, including providing a pre-1981 aerial photo, a topographical map showing the pre-1981 area, <br />and a shapefile of the area. DWR does not allow pre1981 areas to be re-allocated to different <br />locations within the permit boundary. <br /> <br />Long-term Replacement <br /> <br />In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of <br />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. As described in the SWSP request, BA plans to operate at the site for <br />another 20 years and then plans to reclaim the area with a complete backfill of the exposed area. <br />In accordance with approach no. 1, you have indicated that a bond has been obtained for