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Mr. Jared Dains Page 2 <br />November 29, 2011 <br />In accordance with approach no. 4, you have provided an affidavit dated October 4, <br />2010 that dedicates five of the Applicant's shares of GIC water as replacement water solely <br />for this SWSP for as long as there are depletions at this gravel pit site or until such time as <br />another replacement source is obtained. A copy of the affidavit is attached to this letter. For <br />the purposes of this SWSP, this affidavit will be accepted for the dedication of the shares; <br />however, if the State Engineer determines that a different affidavit or dedication process is <br />necessary to assure proper dedication of the shares, additional information may be required <br />prior to future SWSP approvals. <br />Depletions <br />Depletions from the Bucklen Pit will result from exposed groundwater evaporation and <br />operational losses resulting from mining activity. Currently there are a total of 17.81 acres exposed at <br />the Bucklen Pit site. The pit is presently being dewatered to allow for dry mining in Amendment Area A. <br />The majority of the current exposed surface area consists of a large pond of 17.65 acres and the <br />additional 0.16 acres of exposed surface area consists of the dewatering trenches. Based on the <br />information from previous SWSPs, 5.27 acres of ground water was exposed within the reclamation <br />permit boundary prior to January 1, 1981. You indicated that the 5.27 acres exposed within the <br />reclamation permit boundary prior to January 1, 1981 was backfilled. The WY 2010 & 2011 SWSPs did <br />not allow this pre -81 credits based on administrative policy which did not recognize any pre -81 areas in <br />gravel pits which continued to be mined after 1981. In accordance with water court case 09CW49 and <br />current administrative policy found in the State Engineer's General Guidelines for Substitute Water <br />Supply Plans for Sand and Gravel Pits (Updated April 2, 2011), this SWSP will once again recognize <br />5.27 acres of exposed ground water as being pre -81 because the court found that a gravel pit operator <br />or property owner does not need to replace depletions that occur due to evaporation from ground water <br />exposed prior to January . 1, 1981 regardless of whether mining continued after December 31, 1980. <br />Additionally, although this area was already backfilled, the WY 2009 SWSP allowed the credit to be <br />taken, and thus approved a reallocation of the pre -81 area. The location of the pre -81 area is now <br />permanently tied to the location depicted in Figure 2. The net evaporative area is therefore 12.54 acres <br />(17.81 total acres less 5.27 "pre -81" acres). <br />Computation of evaporation under this plan was reduced during the ice covered period. <br />You have assumed the ice covered period to occur during the months of December and January <br />based on the average monthly temperatures of 29.4 °F for December, and 28.6 °F for January. <br />Temperature data were obtained from the Greeley UNC weather station (053553) for the time <br />period of 1967 through 2005. The ice covered periods may be used to reduce the amount of <br />evaporative losses that need to be replaced; however, for the purpose of this SWSP, the Applicant <br />shall replace the net evaporation depletions from the exposed ground water surface area that may <br />occur during the assumed ice covered period (December and January) for any time that the pit is <br />not completely covered by ice. <br />Computation of the net evaporation during any time that the pit is not completely covered by <br />ice shall be determined as the pro -rata amount of the monthly gross evaporation rate distribution <br />amount identified in the State Engineer's General Guidelines for Substitute Supply Plans for Sand <br />and Gravel Pits, subtracting the pro -rata amount of the effective precipitation for that period. The <br />attached Table 1 identifies the estimated monthly depletions from evaporation. The total projected <br />evaporative consumptive use for WY 2012 is 34.60 acre -feet. <br />Operational losses associated with mining activities will include water removed with the <br />mined product and water used for dust control. Approximately 50,000 tons of material is projected <br />