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which is attached hereto as Exhibit B (the "Brand Letter"), and (b) Mr. Wolfe's reply <br />letter dated July 26, 1994, a copy of which is attached hereto as Exhibit C ("Wolfe's <br />Reply Letter"). <br />As you are aware, C.R.S. §37-90-137(11)(b) provides that there is no requirement <br />to replace evaporative losses from ground water exposed to evaporation by mining <br />activities occurring prior to January 1, 1981. The Brand Letter evidenced through <br />photographs attached thereto that the Turnpike Pit had been constructed prior to 1981, <br />that the exposed water surface area as of 1979 was 4.63 acres, and that the Pit had a <br />smaller surface area after 1981 (4.51 acres). Mr. Brand therefore concluded that no well <br />permit, plan for augmentation, or plan of substitute supply for the Turnpike Pit was <br />required. <br />Wolfe's Reply Letter accepted Mr. Brand's evidence, and concurred with Mr. <br />Brand's conclusion, stating: <br />Specifically, the applicant has proven that the existing exposed water surface area <br />resulting from gravel mining is less than the exposed water surface area exposed <br />prior to January 1, 1981. Therefore, in accordance with C.R.S. §37-90- <br />137(11)(b), "no such well permit, plan for augmentation, or plan of substitute <br />supply shall be required to replace depletions from evaporation." <br />Attached hereto as Exhibit D is a 2010 aerial photograph of the South Campus <br />obtained by W.W. Wheeler and Associates. It shows that the Turnpike Pit currently has <br />two exposed water areas of 3.04 acres and 0.47 acres, for a total of 3.51 acres. This is <br />less than the 4.63 acre feet that was exposed to evaporation prior to 1981, and also less <br />than the 4.51 acres accepted by Mr. Wolfe as of 1994. Accordingly, the University has <br />no obligation to replace evaporative losses from the Turnpike Pit. <br />DEEPE FARM PIT <br />The Deepe Pit, DMB Permit No. M-81-302, was constructed largely in the <br />1980's. Attached hereto as Exhibit E is a copy of an Agreement Regarding Sand and <br />Gravel Mining and Augmentation Plan Pertaining Thereto dated February 4, 1985 (the <br />"1985 Agreement") between Flatiron Sand and Gravel Company and The Water Users <br />Association of District No. 6 (the "Water Users Association"). The 1985 Agreement <br />recites in Section 2 that "a lake consisting of 14.2 surface acres existed [on the property] <br />before commencement of Flatiron activities on Deepe Farm." <br />The existence of this lake is confirmed by a 1980 aerial photograph obtained by <br />W.W. Wheeler and Associates, a copy of which is attached hereto as Exhibit F. W.W. <br />Wheeler calculated the surface area of the lake to be 15.65 acres, which is slightly more <br />than the 14.2 surface acres referenced in the 1985 Agreement, with the variation likely <br />due to different interpretations of what the natural high water line was. <br />00041904 2