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Mr. Richard Raines July 29, 2009 <br />Middle Poudre Combined Plan Amendment - Lafarge West, Inc. Page 2 of 4 <br />Exhibit. With this land exchange, the portion where the 8.9-acre pond is located was included in <br />the East Rigden Pit permit boundary. Since the 8.9-acre pond is located within the East Rigden <br />Pit permit boundary, Lafarge will also assume the augmentation responsibility of this additional <br />8.9-acre pond. With the addition of the 8.9-acre pond, the total exposed surface area at the East <br />Rigden Pit site is 32.1 acres. According to the information submitted, 25 acres of water surface <br />was exposed within the reclamation permit boundary prior to January 1, 1981. The net exposed <br />surface area that requires augmentation is 7.1 acres. <br />Depletions <br />During the period of this SWSP amendment, the anticipated evaporative depletions at the <br />East Rigden Pit are 14.5 acre-feet. The total consumptive use for evaporation and operational <br />losses will increase to 15.6 acre-feet for the East Rigden pit site and the lagged depletions at this <br />site are 14.3 acre-feet. Thus, the total lagged depletions for all the seven sites included in the <br />Middle Poudre Combined Plan are 440.1 acre-feet per year (Table 2). <br />Note, that due to a change in administration of evaporation from ground water exposed to <br />the atmosphere prior to 1981, pre-1981 credits will no longer be allowed for gravel pits which <br />exposed ground water to the atmosphere prior to 1981 and were actively mined on or after <br />January 1, 1981. Accordingly, evaporative depletions for such gravel pits will need to be replaced <br />from the entire surface area of the ground water exposed in the pits. In order to allow owners and <br />operators of the affected pits time to comply with this change in the administration requirements, <br />the owners and operators will have until January 1, 2010 to comply with the replacement <br />requirements. If the area included in the DRMS mining permit site contains individual gravel pit <br />ponds that were not altered or mined after December 31, 1980, you may still be able to maintain <br />the "pre-81" credit provided you can document when mining in the individual ponds ceased. The <br />Applicant is hereby notified that in accordance with the above described change in <br />administration, the evaporation from ground water exposed prior to 1981 must be replaced <br />after January 1, 2010 in any subsequent SWSP renewal for the gravel pits included in the <br />combined plan that have ground water exposed prior to 1981. <br />Replacements <br />Replacement water for this amended combined plan will come from the following sources: <br />accretion credits from recharge of 8.5 shares of the Box Elder Ditch, accretion credits from <br />dewatering at the Three Bells Pit, a lease from the City of Greeley ("Greeley") for fully consumable <br />effluent and an additional lease from the Lake Canal and Reservoir Company ("LCRC"). <br />During the months of April 2009 through September 2009, a lease of 6.52 acre-feet <br />from the LCRC will make replacements for depletions not covered by the recharge program or <br />the City of Greeley lease. A copy of the LCRC lease was submitted to this office on May 30, <br />2009. The source of the replacement water will be from Gray Lakes, which can deliver water to <br />Box Elder Creek and from there to the Cache La Poudre River. The water storage right for the <br />Gray Lakes owned by LCRC is not presently decreed for augmentation, therefore a change of <br />use application for the Gray Lakes water storage right was filed with the Division 1 Water Court <br />in case no. 2006CW276. A detailed historical consumptive use analysis has not been provided <br />in case no. 2006CW276. According to previous information provided by TZA Water Engineers, <br />Inc. (`TZA") in a letter dated March 15, 2006, LCRC water rights have historically been used to <br />provide supplemental water to irrigated lands within the Lake Canal Service area. Based upon