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~rn ~ a /11 ~ ! l8d - a S~~ <br />~. <br />s~ STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />7313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX (303) 866-3589 <br />hltp:Awww.watec stata.co.u6 <br />January 2, 2008 <br />Mike Shimmin <br />Vranesh and Raisch, LLP <br />P.O. Box 871 <br />Boulder, CO 80306-0871 <br />RE: - 2QQ$ Cripple Creek & Victor Gold Mining Company <br />ubstitute Water Supply Plan <br />Township 15 South, Range 69 West <br />Water Division 2, Water District t 2 <br />EXPIRATION DATE: December 37, 2008 <br />Dear Mr. Shimmin: <br />~F_r 0._ <br />~~9.- R <br />~~«~1Ysj <br />Bill Rittor, Jr. <br />Goverrwr <br />Harris D Sherman <br />Executive Director <br />Dick Wolfe, P.E <br />State Engineer <br />RECEIVED <br />JAN 0 3 2008 <br />Division of Reclamation, <br />Mining and Safely <br />We have received your submittal dated October 5, 2007 and your re-submittal dated <br />December 4, 2007 requesting renewal of Cripple Creek & Victor Gold Mining Company's <br />(CC&V) substitute water supply plan. The current request is submitted pursuant to C.R.S. 37- <br />92-308(4), referencing the plan for augmentation applied for in case no. 02CW122. <br />Notice has been provided to the objectors in case no. 02CW122 on October 5, 2007, <br />and no comments have been received. The required tee of $300 has been received <br />(transaction number 36220562). <br />PLAN OPERATION <br />CC&V operates a surface mine in the vicinity of the towns of Cripple Creek and Victor <br />that depletes stream flows. The plan's purpose is to provide replacement water to the streams <br />so as to prevent injury to senior vested water rights. <br />DEPLETIONS <br />Stream depletions occur to Fourmile Creek and Beaver Creek from various mining <br />operations. First, CC&V's gold mining operations contain areas (such as leaching pads, fuel <br />farms, etc.) permitted by the Division of Reclamation Mining & Safety to be zero-discharge, <br />which capture all precipitation and result in a reduction of runoff from precipitation. You have <br />calculated maximum monthly depletions, shown in the table below, to each of the Fourmile <br />Creek and Beaver Creek drainages based on the maximum number of acres of zero-discharge <br />area that will occur in each drainage. Zero-discharge areas within the Fourmile Creek drainage <br />are further subdivided into those overlying the volcanic diatreme (a more porous geological area <br />containing the mined deposits) and those outside the boundary of the diatreme. Capture of <br />precipitation is considered to affect stream flow on a lagged basis, and CC&V has computed <br />lagging for each area separately. Should the actual amount of azero-discharge area be less <br />