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Ms. Sira Sartori April 13, 2010 <br />Middle Poudre Combined Plan - Lafarge West, Inc. Page 3 of 8 <br />assumed ice covered period (December through February) for any time that the pit is not completely <br />covered by ice. <br />Computation of the net evaporation during any time that the pit is not completely covered by ice <br />shall be determined as the pro-rata amount of the monthly gross evaporation rate distribution amount <br />identified in the State Engineer's General Guidelines for Substitute Supply Plans for Sand and Gravel <br />Pits, subtracting the pro-rata amount of the effective precipitation for that period. <br />Based on the Division 1 Water Court decision in case no. 2009CW49, the replacement of evaporative <br />depletions is not required for ground water exposed to the atmosphere prior to January 1, 1981 through open <br />mining of sand and gravel, regardless of whether open mining operations continued or were reactivated on or <br />after that date. The Water Court effectively held that Senate Bill 120 of 1989, as amended in Senate Bill 93- <br />260, exempted all pre-1981 exposed ground water regardless of whether open mining operations continued <br />or were reactivated on or after January 1, 1981. Accordingly, for the 32.1 acres (25 acres exposed prior to <br />January 1, 1981 and 7.1 exposed after December 31, 1980) of ground water currently exposed at the <br />East Rigden Pit site, replacement of evaporative depletions is only required from the 7.1 acres exposed <br />after December 31, 1980. Also, for the 66.7 acres (9.2 acres exposed prior to January 1, 1981 and 57.5 <br />exposed after December 31, 1980) of ground water currently exposed at the Weitzel Pit site, <br />replacement of evaporative depletions is only required from the 57.7 acres exposed after December 31, <br />1980. <br />Depletions <br />The depletions resulting from evaporation, water lost in product, dust control and concrete batching <br />are shown in Table B below: <br />TABLE B - DEPLETIONS <br /> Evaporation Product <br />Moisture Dust Total Total Current New <br />Site Name Loss <br />Loss Control Depletions Lagged Well Permit <br /> ac-ft <br />( ) ac-ft) (ac-ft) (ac-ft) (ac-ft) Permit Required? <br />Rigd stPit 16.09 0.00 1'08 17.17 16.77 53509-F No <br />Three Bells 26.52 14.7 No <br />Pit (500,000 2.00 43.22 45.72 64818-F <br /> tons) <br />Weitzel Pit 121.59 0.00 0.00 121.59 127.19 64642-F No <br />Kyger Pit 3.85 0.00 0.0 3.85 4.61 53502-F No <br />Port of <br />Ent Pit 58.93 0 0 58.93 59.19 60890-F No <br />Shields 0.74 <br />Mine 2.20 (25,000 2.00 4.94 15.14 65095-F No <br /> tons <br />Total 229.18 15.44 5.08 249.70 268.62 <br />U.UB acre-teet for the office septic system