2019-07-30_PERMIT FILE - M1996052

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I f L.G. Everist Combined SWSP Page 3 of 16 March 14, 2018 L. G. Everist anticipates to actively mine in 2018 and 2019 the following sites: Carbon Valley Pit and Firestone Pit on Saint Vrain Creek and Fort Lupton Sand and Gravel Pit on the South Platte River. The Carbon Valley Pit permitted area was amended in 2016, which doubled the mining reserve within the area. Depletions resulting from dewatering, evaporation and mining operations at these sites are replaced under this plan. Water use at these sites during the period of this plan will include dewatering, evaporation from exposed groundwater, aggregate production, dust control and concrete batching. During the period of this SWSP L. G. Everist will not actively mine Star Water Resources. A December 2014 survey at the site indicated that approximately 2.2 acres are currently exposed beyond the pre-1981 acreage. According to the information provided, a total of 6.1 acres of groundwater was exposed within the Star Water Resources reclamation permit boundary prior to January 1, 1981. Based on the Division 1 Water Court decision in case no. 2009CW49, the replacement of evaporative depletions is not required for ground water exposed to the atmosphere prior to January 1, 1981 through open mining of sand and gravel, regardless of whether open mining operations continued or were reactivated on or after that date. Accordingly, the evaporative depletions for the Star Water Resources were calculated based on an exposed surface area of 2.2 acres exposed after December 31, 1980. The area receiving the pre-1981 credit is shown on the attached map and is the same area shown in the last SWSP approval for the Star Water Resources (Feit Pit). The area to receive the pre-81 credit is tied to the physical location as depicted on the map and cannot be relocated. Mining depletions from Carbon Valley Pit, Firestone Pit and lagged depletions from Rinn Valley Pit are estimated to affect the Saint Vrain Creek below the Last Chance Ditch headgate. Mining depletions from Fort Lupton Sand and Gravel are estimated to affect the South Platte River above the Meadow Island Ditch No. 1 headgate. Evaporation depletions from Star Water Resources are estimated to affect the Cache La Poudre River at a point approximately eight miles upstream from the confluence with the South Platte River. The proposed replacement sources for these pits are Rural Ditch Company shares and Lupton Bottom Ditch shares during the summer months. During the winter months and for portions of the summer months where Rural Ditch Company shares and Lupton Bottom Ditch shares are not sufficient, the depletions will be replaced by releases of water stored in the Star Water Resource Reservoir (WDID 0203932), water stored under free river conditions in the Swingle-North Reservoir (WDID 0203931), water from future storage in the Parker-Panowitz (WDID 0203084) and if needed, nontributary Laramie-Fox Hills water withdrawn from well nos. 77371-F, 77372-F, 77373-F, and 77374-F. In addition the Applicant is seeking to use other fully consumable sources (leases with the City of Aurora and Central Colorado Water Conservancy District) not specifically identified in the SWSP request that may be obtained during the period of the SWSP. Additional sources of replacement water in this SWSP may only be used if the Applicant complies with the Division One Administration Protocol "Use of Replacement Sources Not Specifically Identified in an SWSP or Augmentation Plan". 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 identified four approaches to satisfy this requirement. In accordance with approach no. 4, you have provided an affidavit dated February 13, 2018 that dedicates the 1.41 shares of the Rural Ditch water and 1 Lupton Bottom Ditch share for 2018 and 1.41 shares of the Rural Ditch water and 1 Lupton Bottom Ditch share for 2019 as replacement water solely for this SWSP. A copy of the affidavit is attached to this letter. Since the shares are only dedicated for the term of this SWSP, this is not adequate to satisfy the long term replacement requirement.