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Mr. Jared Dains <br />Middle Poudre Combined Plan - Lafarge West, Inc. <br />May 17, 2011 <br />Page 9 of 9 <br />evaporation from groundwater exposed at the sites after the dewatering stops was.presented in <br />the proposed plan. <br />18. The Shield Mine will be dewatered into the Fossil Creek Reservoir Inlet Ditch. This ditch lies <br />directly to the west of the Shields Mine. The discharge into the Fossil Creek Reservoir Inlet Ditch <br />is the proposed mitigation to address any drawdown impacts from mining in close proximity of the <br />ditch. After subtracting the transit losses (from the Fossil Creek Reservoir Inlet Ditch to the Fossil <br />Creek Reservoir) the dewatering water is measured and returned to the river from the Fossil <br />Creek Reservoir outlet. The releases shall be measured in a manner acceptable to the water <br />commissioner and the division engineer. <br />19. In accordance with amendments to §25-8-202(7), C.R.S., and "Senate Bill 89-181 Rules and <br />Regulations" adopted on February 4, 1992, the State Engineer shall determine whether the <br />substitute supply is of a quality to meet requirements of use to senior appropriators. As such, <br />water quality data or analysis may be requested at any time to determine if the water quality is <br />appropriate for downstream water users. <br />20. The decision of the state engineer shall have no precedential or evidentiary force, shall not create <br />any presumptions, shift the burden of proof, or serve as a defense in any pending water court <br />case or any other legal action that may be initiated concerning this plan. This decision shall not <br />bind the state engineer to act in a similar. manner in any other applications involving other plans, <br />or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact <br />or conclusions of law contained herein, or with the engineering methodologies used by the <br />Applicant. <br />If you have any questions concerning this approval, please contact loana Comaniciu in Denver at <br />(303) 866-3581 or Claudia Engelmann in Greeley at (970) 352-8712. <br />Sin erely, <br />Kevi G. Rein, P. E. <br />A istant State Engineer <br />Attachments: Tables 1 & 3 <br />Maps of the pre-1981 claimed area for the Weitzel Pit and East Rigden Pit <br />Map of the exposed area at the Port of Entry pit based on the 2011 survey <br />Affidavit for dedication of Box Elder Ditch shares to this SWSP <br />Lake Canal Reservoir Company lease <br />City of Greeley Trade Agreement <br />Letter from DRMS dated April 30, 2010 <br />cc: Claudia Engelmann, Assistant Division Engineer (810 9th Street, 2"d Floor, Greeley, Colorado <br />80631, 970-352-8712) <br />George Varra, Water Commissioner, Water District 3 (1400 Highway 287 North, Ft. Collins, <br />Colorado 80524, 970-484-1628) <br />Division of Reclamation Mining and Safety