2017-11-03_INSPECTION - M1977151

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Mr. Jared Dains, P.E. Page 5 of 9 May 7, 2015 City of Aurora Lease A lease of 26.1 acre-feet of fully consumable water provided by the City of Aurora ("Aurora") will be used to make replacements during the period of November 2015 through March 2016. The releases will be made from the Metro Waste Water Reclamation Facility (WDID 0200700) located in Denver on the South Platte River approximately 66 miles upstream from the Cache la Poudre confluence. Therefore a 16.5% (0.25% per mile) river transit loss will be assessed on all deliveries, unless otherwise determined by the Water Commissioner for District 2. During the months of November through March, it is possible for a call to be placed at the Evans Number 2 Ditch headgate for Milton Reservoir, or a call at the Western Ditch, or the Union Ditch to fill Lower Latham Reservoir, any of which could potentially sweep the river. It is the Applicant's responsibility to track the daily call and make arrangements as necessary to ensure this water is bypassed or otherwise delivered to the Cache la Poudre and South Platte River confluence. The District 3 Water Commissioner has confirmed there is no call in the winter for the stretch of the Cache la Poudre River between the Greeley Pit and the confluence with the South Platte River. Therefore, as long as a diversion structure is not sweeping the South Platte River, the Aurora lease is able to provide replacement water on behalf of the Greeley Pit. Additional Sources Supplemental leases will be obtained in the event that the above-described sources are insufficient to replace all depletions from the Greeley Pit. Such supplemental leases may be obtained from any authorized augmentation source contained in a gravel pit approved pursuant to § 37-90-137(11) that is capable of making replacements at the most upstream calling right impacted by the Greeley Pit depletions. The Applicant has requested permission to lease out any of its excess replacement credit to other gravel pit SWSPs approved pursuant to § 37-90-137(11), C.R.S., to the extent such excess replacement credit exists. The Applicant must provide written notice to the Division Engineer and Water Commissioner at least 30 days in advance of the desired commencement of use of the excess replacement credits, which must include the specific plan in which the credits will be used, the provision in the plan that allows an unnamed source to be added for credit, the annual and monthly amount of excess replacement credit available, the location at which the water will be delivered to the stream, and a copy of a lease agreement between the Applicant and the purchaser of the excess replacement credits if the additional plan is not owned by the Applicant. The Applicant cannot claim credit for the use of the excess replacement credits in any other plan until they have received written approval from the Division Engineer or Water Commissioner. Any use of any such excess replacement credits must continue to be directly related to the mining of sand and gravel. Long Term Augmentation The final reclamation plan for the mining site is to create four unlined lakes with a total surface area of 95 acres. These lakes will expose ground water to evaporation and as such will create a long term augmentation obligation. In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The DRMS letter identifies four approaches to satisfy this requirement. In accordance with approach no. 4, you have provided an affidavit dated February 12, 2013 that dedicates 3.0 shares of the Applicant's GIC water as replacement water solely for this SWSP for as long as there are depletions at this gravel pit