2005-07-13_REVISION - M2000016 (16)

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Ms Suzanne Janzen Morch ]7,1005 Page 3 oj4 after reclamation will be less than +/- 1 foot as compazed to existing conditions. Again, Lafarge :will commit to monitoring groundwater elevations in the vicinity of the site for a period of two yeazs following completion of reclamation. If the monitoring shows a change in; water levels from historic levels (based on ongoing monitoring by Lafarge prior to mining) greater than 2 feet, coupled with physical injury to .a structwe Lafarge will. install a French drain or other .appropriate structwe to collect up-gradient groundwater and dischazge it on the down-gradient, side.of each slurry wall or clay liner. Our previous experience suggests that this is an effective means of alleviating mounding and. shadowing effects surrounding lined. gravel pits. We. note that Colorado water law. generally does not recognize the right of a well owner to a guazanteed water level in his well. If a well that is impacted by shadowing or mounding effects is neither- drilled 'to the full extent of the alluvium nor has its pump intake set at-the lowest possible elevation, the owner of the well likely cannot make a valid claim of injury to his water right (see Colorado Springs v. Bender, 366 P.2d 552 at 555 (Colo. 1961)). Further, the potential injury to vested water rights will be.the subject of State Engineer's review of the well permit application submitted pursuant to C.R.S. §37-90-137(2) for the operation of the site. Still, Lafazge recognizes that its operation may modify the flow of groundwater in the azea, and to the extent that modifications adverse to existing'structwes occur as a direct result of its mining ' operation and subsequent reclamation of the site Lafazge will commit to above described monitoring and mitigation. 21. The applicant must comply wilh Rule 6.4.7(4), which states that they "shall indicate the projected amount from each of the sources of water to supply the project water requirements for the mining operation and reclamation. " Dwing mining, Lafazge will utilize leases from the City of Greeley and the Consolidated Mutual Water Company for replacement of mining depletions. Lafarge -owns 25 Fulton Ditch shazes, which provide 43.9 acre-feet of historic consumptive use credit. These shares aze presently committed to the combined substitute supply plan for Lafazge's seven South Platte River sites, which includes the Riverbend Operation and the Fort Lupton Pita Lafarge also owns 1.75 .Brighton Ditch shazes. Lafazge wilt complete a historic consumptive use evaluation for these shares in order to include them as. a replacement sowce in futwe renewals of the combined substitute supply plan for the -South Platte sites. The farm headgate delivery for 1.75 Brighton Ditch shazes is approximately 821 acre-feet. The leases and water- rights in the combined substitute supply plan will replace all out-of-priority depletions for all seven sites including post- pumping depletions until all the sites aze either lined or include in an approved plan of augmentation is obtained from water court. 22: The SWSP approval fetter dated Apri12, 2001, submitted with the application for the Fort Lupton Gravel Pit (M-1985-088) portion of the amended permit area, expired on March 31, 2003. The applicant must demonstrate current compliance with OSE requirements for this exposed groundwater surface. .