2019-07-09_REVISION - M2004044 (30)

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the replacement water sources is assumed to be 0.5 percent per mile. Some of the sources of water currently approved by the State Engineer for use in Al's CoSSP include the following: 1. 1998 Effluent Lease(1998 Lease)with the City of Westminster. The 1998 Lease has been used as a replacement source for individual SSP's that have been approved in the past. This is a perpetual lease that provides 0.28 cfs of fully consumable water every day of each year and an additional 0.17 cfs of fully consumable water every day from October 15t to June 30th during each year at the outfall of the Metro Wastewater Treatment Plant. The lease provides 294.79 acre-feet annually. A small amount of this water is dedicated to the decreed augmentation plan in Case No.07CW198;the remainder is available for use in the CoSSP. 2. Historic Use of 62 shares of the Fulton Ditch,which have an estimated average annual consumptive use of 116.05 acre-feet. The technique of quantifying historic use of 29 shares of Fulton Ditch water was approved for use on November 12, 1999 for the SSP submitted to the State Engineer's Office on March 24, 1999 for the Fulton Lakes Pit. The decreed historic consumptive use is 1.75 acre-feet/share. The consumptive use credit from the Fulton Ditch shares is sufficient to adequately replace out-of-priority depletions and return flow obligations in the months of June through August. 3. Annual Lease with the City of Westminster-Pursuant to a March 4, 2010 Consumable Water Lease Agreement between Al and the City of Westminster,Al may lease up to 519 acre-feet of consumable water annually from Westminster. Deliveries of this water may be made from November loth through March 20tn The agreement is valid through December 31, 2019. 4. Centennial Effluent Lease-Al has an agreement with Centennial Water and Sanitation District ("Centennial")that conveyed water rights in exchange for a lease of augmentation water. In a December 1996 agreement,Al conveyed its ownership of shares in the Nevada Ditch Company to Centennial in exchange for 30 acre-feet of consumable effluent. No explicit date of termination is set in the agreement. The rate of delivery for the 30 acre-feet cannot exceed 5 cfs. This rate allows Aggregate to claim the total amount in a single month. Centennial agreed to deliver the water, at its discretion, at one of the following points:the mouth of Little Dry Creek, Plum Creek at the point where water from McLellan Reservoir can be discharged by pipeline into the South Platte River, Centennial's Marcy Gulch Wastewater Treatment Plant or by not requiring augmentation water from Aggregate sources located above the Titan Road Gage located on Plum Creek. The mouth of Little Dry Creek was used for calculating transit loss for the Centennial water. The mouth is in Section 33, T4S, R68W, approximately 2,350 feet from the South section line and 1,650 feet from the East section line. 5. Historic Use of 1.038 Shares in the Brighton Ditch-Al currently leases these shares from the City of Westminster. Collectively,the shares provide approximately 170.88 acre-feet per year of consumptive use credit based on dry-year yields. 6. City of Thornton Lease- In exchange for three shares in the Colorado Agricultural Ditch Company,the City of Thornton has provided Al a perpetual lease of fully consumable water from the Metro Wastewater Treatment Plant to be delivered at a rate of 0.035 cfs daily from November 1 st through March 31 st. This totals 10.53 acre-feet for the calendar year. (5) The Operator/Applicant shall affirmatively state that the Operator/Applicant has acquired(or has applied for)a National Pollutant Discharge Elimination System(NPDES)permit from the Water Quality Control Division at the Colorado Department of Health, if necessary. Al will apply for a NPDES permit prior to mining or dewatering the site. Potential Mining Impacts Tucson South Resource Groundwater Modeling Study on the Hydrogeologic Effects of Mining, prepared by Tetra Tech RMC dated August 2004 was submitted as a referral response to DRMS August 3, 2004. The study is on record with the original application and attached herein for reference. A groundwater monitoring and mitigation plan Aggregate Industries Tucson South Resource Permit#M-2004-044112 Permit Amendment Page G-4