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Mr. Forrest Leaf <br />May 30, 2007 <br />Page 2 <br />Depletions <br />Currently 10.72 acres of ground water surface is exposed at the Bernhardt pit. <br />Consumptive use from the operation of this site consists of 11.77 acre-feet of water lost in <br />product (4% moisture of 400,000 tons of raw material), 3.31 acre-feet for on-site dust control, <br />11.51 acre-feet used in the production of 75,000 tons of concrete and 30.89 acre-feet of <br />evaporation from the 10.72 acres of lake surface exposed after December 31, 1980. The total <br />consumption at this site from mining operations is 57.48 acre-feet. <br />The evaporation calculation has been accepted for this plan period, however any SWSP <br />renewal request must demonstrate that the evaporation calculation is accurate for the specific <br />location of the Bernhardt pit. <br />Dewatering at the site commenced in October 2003 at a rate of 750 gallons per minute. <br />In 2004 dewatering decreased to 350 gallons per minute. All water pumped in 2003 and 2004 <br />for dewatering purposes was pumped from trenches into Pond 2, shown on attached Figure 1, <br />for recharge back to the Big Thompson River. In September 2004, pumping of the dewatering <br />water into Pond 2 ceased. All water pumped from the trenches since September 2004 has <br />been pumped from within the slurry wall and used for the purposes described in this plan. <br />Based on the analysis performed by the Applicant there are no depletions from past dewatering <br />operations that will accrue to the river during this plan period. <br />The depletions from evaporation, water lost in mined product and dust suppression were <br />lagged to the stream using a Glover analysis and assuming a distance to the stream of 1,015 feet, <br />distance to the impermeable boundary of 2,976 feet, transmissivity of 100,000 gal/day/ft and <br />specific yield of 0.2. The depletions from well no. 60729-F (concrete production) were also lagged <br />to the stream using a Glover analysis and assuming a distance to the stream of 1,510 feet, <br />distance to the impermeable boundary of 2,587 feet, transmissivity of 100,000 gpd/ft and specific <br />yield of 0.2. <br />Replacements <br />The proposed source of replacement for the Bernhardt pit is leased excess <br />augmentation credits (43.01 acre-feet) available under the Town of Milliken ("Milliken") <br />substitute water supply plan ("SWSP") approve pursuant to C.R.S. 37-92-308(4) on March 12, <br />2007. The court case associated with the Milliken SWSP is Division 1 Water court case no. <br />02CW339. The excess credits from Milliken accrue to the Big Thompson River in the same <br />location that the lagged depletions from the Bernhardt Pit impacts the river, therefore, no river <br />conveyance losses will be assessed. <br />The plan estimates that in the event that the operator were to cease mining and <br />dewatering at the site there would be 6.87 acres of exposed water surface located outside of <br />the slurry wall. To provide the security of a permanent, renewable source of replacement <br />water, 2 shares of Kern Reservoir (a.k.a Windsor Lake) are hereby dedicated to this plan and <br />made appurtenant to the tract of land where the gravel pit is located, until a permanent <br />augmentation plan for the gravel pit has been adjudicated or all consumptive use at the site has <br />ceased and all lagged depletions have been replaced. The depletions resulting from <br />evaporation off of the 6.87 acre pond are estimated to be 19.8 acre-feet. According to the <br />analysis provided in the plan, the 2 shares of Kern Reservoir have a historical consumptive use <br />of 22.69 acre-feet, therefore, the shares are found to be adequate. A copy of this approval <br />