2010-04-15_HYDROLOGY - M1979191 - Laserfiche WebLink

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Ms. Sira Sartori April 13, 2010 Middle Poudre Combined Plan - Lafarge West, Inc. Page 7 of 8 14. Lafarge, West, Inc. filed for a plan for augmentation for the Port of Entry Pit site in case no. 2004CW111 and filed for a plan for augmentation for the Weitzel Pit site in case no. 2002CW205. Lafarge is required to operate the Port of Entry Pit site and the Weitzel Pit site under an SWSP until such time as a decree is entered in case nos. 2004CW111 and 2002CW205. If reclamation of the mines at the Three Bells Pit and Kyger Pit sites produces a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three years prior to the completion of mining to include, but not be limited to, long-term evaporation losses. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. Granting of this plan does not imply a position by our office on any litigation associated with case nos. 2004CW111 or 2002CW205, or any other case. 15. Dewatering at the Three Bells Pit and Shield Mine will produce delayed depletions to the stream system. As long as the pits are continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the sites cease, the delayed, depletions must be addressed. A plan that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount along with the evaporation from groundwater exposed at the sites after the dewatering stops was presented in the proposed plan. 16. If dewatering of the Three Bells Pit or Shield Mine is discontinued, the pits would fill creating additional depletions to the stream system due to increased evaporation. To assure that additional depletions to the river do not occur, a bond for $717,000 for the Kyger Pit, $60,000 for the Three Bells Pit, and $277,500 for the Shields Mine through DRMS has been obtained. Therefore, if the dewatering is discontinued, these bonds can finance the completion of the lining of these pits or the backfilling, thus preventing depletions to the stream system. 17. The Shield Mine will be dewatered into the Fossil Creek Reservoir Inlet Ditch. This ditch lies directly to the west of the Shields Mine. The discharge into the Fossil Creek Reservoir Inlet Ditch is the proposed mitigation to address any drawdown impacts from mining in close proximity of the ditch. After subtracting the transit losses (from the Fossil Creek Reservoir Inlet Ditch to the Fossil Creek Reservoir) the dewatering water is measured and returned to the river from the Fossil Creek Reservoir outlet. The releases shall be measured in a manner acceptable to the water commissioner and the division engineer. 18. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the substitute supply is of a quality to meet requirements of use to senior appropriators. As such, water quality data or analysis may be requested at any time to determine if the water quality is appropriate for downstream water users. 19. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any pending water court case or any other legal action that maybe initiated concerning this plan. This decision shall not bind the state engineer to act in a similar manner in any other applications involving other plans, or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant.