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Andy Rodriguez <br />February 22, 2010 <br />Page 2 <br />Depletions <br />Currently 6.23 acres of ground water surface is exposed at the Bernhardt pit within the <br />settling ponds. Consumptive use from the operation of this site consists of 3.33 acre-feet for <br />on-site dust control, 1.23 acre-feet used in the production of 10,000 tons of concrete and 17.94 <br />acre-feet of evaporation from the 6.23 acres of exposed lake surface. There is no aggregate <br />production proposed for this plan period. The total consumption at this site during the period of <br />this plan from mining operations is 22.50 acre-feet. <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 an on site pond for recharge back to <br />the Big Thompson River. In September 2004, pumping of the dewatering water into the pond <br />ceased. All water pumped from the trenches since September 2004 has been pumped from <br />within the slurry wall and used for the purposes described in this plan. Based on the analysis <br />previously performed by the Applicant there are no depletions from past dewatering operations <br />that will accrue to the river during this plan period. <br />The depletions from evaporation and dust suppression were lagged to the stream using a <br />Glover analysis and assuming a distance to the stream of 1,015 feet, distance to the impermeable <br />boundary of 2,976 feet, transmissivity of 100,000 gal/day/ft and specific yield of 0.2. The <br />depletions from well no. 60729-F (concrete production) were also lagged to the stream using a <br />Glover analysis and assuming a distance to the stream of 1,510 feet, distance to the impermeable <br />boundary of 2,587 feet, transmissivity of 100,000 gpd/ft and specific yield of 0.2. <br />Replacements <br />The proposed source of replacement for the Bernhardt pit is leased excess <br />augmentation credits (22.50 acre-feet) available under the Town of Milliken ("Milliken") decree <br />approved by the Division 1 Water Court in consolidated case nos. 2002CW339 and 2005CW59. <br />The excess credits. from Milliken accrue to the Big Thompson River in the same location that <br />the lagged depletions from the Bernhardt Pit impacts the river, therefore, no river conveyance <br />losses will be assessed. A copy of the Lease Agreement for the Town of Milliken was submitted <br />to this office on February 18, 2010 and a copy is attached to this letter. <br />A monthly breakdown of depletions and replacements is shown in the attached Table No. <br />4 that was submitted with your report. <br />Conditions of Approval <br />I approve the proposed substitute water supply plan in accordance with Section 37-90- <br />137(11), C.R.S., subject to the following conditions: <br />1. This SWSP shall be valid for the period of January 1, 2010 through December 31, 2010, <br />unless otherwise revoked, modified, or superceded by decree. If this plan will not be <br />made absolute by a water court action by the plan's expiration date, a renewal request <br />must be submitted to this office with the statutory fee (currently $257) by November 15, <br />2010. <br />