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Mr. Jared Dains <br />Greeley (35th Avenue) Pit-M77-036 <br />November 23, 2010 <br />Page 2 <br />continued or were reactivated on or after that date. The Water Court effectively held that <br />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, for the 82.1 acres (52 acres exposed prior to January 1, <br />1981 and 30.1 exposed after December 31, 1980) of ground water currently exposed at the <br />Greeley 35th Avenue Pit, replacement of evaporative depletions is only required from the 30.1 <br />acres exposed after December 31, 1980. The area exposed prior to 1981 is shown on the <br />attached map. The credits for the pre-1981 area are tied to the location identified on the <br />map and may no longer be re-allocated to other areas of ground water exposure within <br />the gravel pit permit boundary. <br />The anticipated net depletion for this SWSP is 117.50 acre-feet per year. You have <br />provided a monthly breakdown of the annual depletions totaling 87.94 acre-feet of evaporative <br />loss, 14.72 acre-feet of water lost with mined product associated with 500,000 tons of <br />aggregate, 6 acre-feet of water used for dust control and 8.84 acre-feet of water used in <br />concrete production to be appropriated from the well permit no. 47856-F (WDID 0307597). <br />Lafarge filed for water storage right for this site in Case no. 98CW476. The site has been <br />continuously dewatered at a rate of approximately 1200 gallons per minute. <br />The . Greeley 35th Avenue Pit is located approximately 250 feet from the Cache La <br />Poudre River, thus depletions were not assumed to be instantaneous and have been lagged <br />back to the Cache La Poudre River. A stream depletion model using the Glover method was <br />used to calculate the lagged depletions to the Cache La Poudre River. The following <br />parameters were used in the model: transmissivity (T) = 120,000 gallons per day per foot, <br />specific yield (SY) = 0.2, the distance from the Cache La Poudre River to the edge of the <br />alluvium = 5,000 feet, and the distance from the edge of the exposed surface water areas to the <br />Cache La Poudre River = 250 feet. The total lagged mining depletions during the SWSP period <br />are 116.15 acre-feet. The total lagged depletions include the 8.84. acre-feet used for concrete <br />production from well permit no. 47856-F and 107.31 acre-feet from the other consumptive uses <br />at the site. <br />According to the Applicant, the distance from the surface of the exposed ground <br />water area to the Cache La Poudre River was measured based on the down gradient <br />extent of the exposed ground water surface (nearest point). For purposes of this SWSP, <br />the method used to measure the distance to estimate the lagged depletions will be <br />accepted, however any future SWSP must measure the distance from the exposed <br />ground water surface area to the Cache La Poudre River based on the centroid of the <br />exposed ground water surface. <br />Replacements <br />The source of replacement water will be from a lease 125 acre-feet of fully consumable <br />effluent water from the City of Greeley ("Greeley"). Lafarge traded its 550 Boyd and Freeman <br />Ditch shares for 125 acre-feet of augmentation water from Greeley. Fully consumable <br />replacement water is to be provided by Greeley and it will be returned to the river at one of the <br />following locations: a) Greeley Water Pollution Control Facility Outfall (WDID 0302312) located on <br />the Cache La Poudre River; b) JBS Swift Industrial WWTP Outfall (WDID 0102342) on Lone Tree <br />Creek; c) confluence of the 3e Avenue Drainage Ditch and Cache La Poudre River or any <br />41 y, <br />