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? 4 <br />Mr. Jared Dains, E.I. Page 2 <br />October 22, 2010 <br />approaches numbered 1 - 3, a copy of that information needs to also be provided to this <br />office (the Division of Water Resources). <br />If the information you are providing to DRMS is pursuant to approach no. 4, you <br />will need to provide additional documentation to this office that specifies what water <br />rights or other permanent water source will be dedicated to the SWSP to assure that all <br />permanent depletions from either an unforeseen abandonment of the site by the <br />Applicant or as a result of long term ground water exposure after completion of mining <br />and reclamation will be replaced so as to prevent injury to other water rights. <br />This information must be provided to this office by April 30, 2011. If the requested <br />information is not provided to the Division of Water Resources, any future SWSP may <br />limit the mining operation so that additional ground water cannot be exposed, beyond <br />that specified in this SWSP. <br />Depletions <br />Consumptive uses at the Feit Pit consist of evaporative and operational losses. The <br />estimated lagged stream depletions for the term of this SWSP are 98.11 acre-feet per year. <br />Based on the Division 1 Water Court decision in case no. 2009CW49, the replacement of <br />evaporative depletions is not required for ground water exposed to the atmosphere prior to <br />January 1, 1981 through open mining of sand and gravel, regardless of whether open mining <br />operations continued or were reactivated on or after that date. The Water Court effectively held <br />that Senate Bill 120 of 1989, as amended in Senate Bill 93-260, exempted all pre-1981 exposed <br />ground water regardless of whether open mining operations continued or were reactivated on or <br />after January 1, 1981. Accordingly, the evaporative depletions for the Feit Pit were calculated <br />based on an exposed surface area of 34.1 acres exposed after December 31, 1980. <br />The estimate of evaporative losses under this plan was also reduced during the ice <br />covered period. You have assumed the ice covered period to occur during the months of <br />December and January based on the average temperatures of 29.4°F for December, 28.6°F for <br />January. Temperature data were obtained from the Greeley UNC weather station (053553) for <br />the time period of 1967 through 2005. The ice covered periods may be used to reduce the <br />amount of evaporative losses that need to be replaced; however, for the purpose of this SWSP, <br />the Applicant shall replace the net evaporation depletions from the exposed ground water <br />surface area that may occur during the assumed ice covered period (December and January) for <br />any time that the pits are not completely covered by ice. <br />Computation of the net evaporation during any time that the pits are not completely <br />covered by ice shall be determined as the pro-rata amount of the monthly gross evaporation rate <br />distribution amount identified in the State Engineer's General Guidelines for Substitute Supply <br />Plans for Sand and Gravel Pits, subtracting the pro-rata amount of the effective precipitation for <br />that period. The attached Tablet identifies the estimated monthly depletions from evaporation. <br />According to your letter, Star Ready Mix does not anticipate any mining will occur at the <br />site during water year 2011; however, water is anticipated to be used for concrete production, <br />dust control, and for drinking and sanitary purposes. The monthly breakdown of the annual <br />depletions total 94.08 acre-feet of evaporative loss, 0.8 acre-feet of water used and consumed <br />for dust control, 3.1 acre-feet of water used in concrete production, and 0.11 acre-feet of water