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Mr. Jared Dains, E.I. Page 2 of 7 <br />November 2, 2010 <br />other permanent water source will be dedicated to the SWSP to assure that all permanent <br />depletions from either an unforeseen abandonment of the site by the Applicant or as a result <br />of long term ground water exposure after completion of mining and reclamation will be <br />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 limit the <br />mining operation so that additional ground water cannot be exposed, beyond that specified in <br />this SWSP. <br />Depletions <br />The depletions that result from the mining operation at the Greeley Pit consist of evaporation <br />from exposed surface area and water used for dust control. The total exposed pond surface area at <br />this site is 67.6 acres. According to the attached Figure 1, a total of 31.4 acres of pond surface was <br />exposed within the Greeley Pit reclamation permit boundary prior to January 1, 1981. An affidavit <br />signed by Joe Kuntz, operator of the Greeley Pit during the 1980-1981 period, indicates that an <br />additional 8.8 acres of excavated area was being dewatered at the time of the aerial photograph <br />(June 1980), but was filled with exposed ground water as of December 31, 1980. Based on the <br />Division 1 Water Court decision in case no. 2009CW49, the replacement of evaporative depletions is <br />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 <br />reactivated on or after that date. The Water Court effectively held that Senate Bill 120 of 1989, as <br />amended in Senate Bill 93-260, exempted all pre-1981 exposed ground water regardless of whether <br />open mining operations continued or were reactivated on or after January 1, 1981. Accordingly, for <br />the 67.6 acres of ground water currently exposed at the Greeley Pit, replacement of evaporative <br />depletions is only required from the 27.4 acres (67.6 - 31.4 - 8.8 = 27.4) exposed after December 31, <br />1980. No additional ground water will be exposed during this plan period. <br />Net evaporative depletions were calculated using a gross annual evaporation of 45 inches <br />from the exposed water surface, prorated to 40.95 inches for the plan period of May 2010 through <br />March 2011, with a credit of 8.56 inches for effective precipitation. Based on monthly average <br />temperatures reported for the Greeley UNC weather station, ice cover was assumed for the months of <br />December and January, therefore no evaporative consumptive use was charged for those months. <br />However, for the purposes of this SWSP, the Applicant shall replace the net evaporative depletions <br />from the exposed ground water surface area that may occur during the assumed ice cover period <br />(December and January) for any time that the pit is not completely covered by ice. The net depletion <br />of ground water due to evaporation from the 27.4 acres of the Greeley Pit exposed after December <br />31, 1980 was calculated to be 70.11 acre-feet for this plan year, as shown on the attached Table 1. <br />The Applicant has estimated that a total of 1.00 acre-foot of water will be used for dust control <br />purposes from March to October, prorated to 0.9 acre-feet for the plan period of May 2010 through <br />March 2011 as shown on the attached Table 2. <br />The material mined at the Greeley Pit will be above the ground water table and will have a <br />moisture content of 2% by weight, but no depletions will be charged because the moisture is not a <br />ground water diversion and the Applicant will not wash the mined material. <br />The majority of the Greeley Pit is located greater than 100 feet from the Cache La Poudre <br />River, thus depletions were not assumed to be instantaneous. A stream depletion model using the <br />Glover infinite aquifer condition was used to calculate the lagged depletions to the Cache La Poudre <br />? v