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Mr. Heintz and Ms. Wynne <br />Upper Poudre Combined SWSP <br />March 12, 2013 <br />Page 4 <br />projected, MMM may supplement their replacement supplies with other sources subject to the Division <br />Engineer's approval. <br />From 2006 to 2012, 5.75 Taylor and Gill Ditch shares have been diverted into the recharge <br />pond to produce accretions to the stream for replacement purposes. In 2012, this resulted in a total <br />delivery of 140.43 acre -feet. For 2013, 11 shares will be used to replace out -of- priority depletions <br />through a combination of a recharge program and direct returns to the river. Using those shares, <br />MMM projects to deliver 263.31 acre -feet to the river for direct replacement and 196.41 acre -feet to <br />recharge. The evaporation losses from the recharge pond during this approval period are estimated <br />at 2.57 acre -feet (see attached Table 5). Deducting appropriate losses and return flow requirements, <br />this operation will create a total of 95.40 acre -feet of recharge credits and 140.37 acre -feet of direct <br />flow credits during 2013. See Table 5 for a monthly breakdown of these credits. <br />This SWSP relies on the average historical farm headgate delivery, consumptive use, and <br />associated return flow analysis that was performed and approved in its previous SWSPs. The historic <br />average farm headgate delivery was determined to be 41.79 acre -feet per share. This historic <br />consumptive use credit was determined to be 21.36 acre -feet per share. Table 4 Column (E) provides <br />the return flow obligation factors which will be used to determine return flows during the irrigation and <br />non - irrigation season. Return flow obligations will be calculated based on the actual timing of <br />diversions into recharge and direct returns. <br />A monthly breakdown of the stream depletions from the mining operation as well as the <br />replacements made by lagged timing of the historical consumptive use credit is shown in the attached <br />Table 5. <br />Long Term Augmentation <br />In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado <br />Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must <br />comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and <br />Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires <br />that you provide information to DRMS to demonstrate you can replace long term injurious stream <br />depletions that result from mining related exposure of ground water. The DRMS letter identifies <br />four approaches to satisfy this requirement. In accordance with approach nos. 1 and 3, you have <br />provided bonds through DRMS which may be used to backfill or line areas of exposed ground <br />water. <br />According to the mining permits with DRMS, the reclamation plan for the Home Office Pit <br />and North Taft Hill Expansion Site is to create unlined ground water ponds. These two sites also <br />have conditional water storage rights for future lined reservoirs in water court case 92CW157. For <br />the Overland Ponds site, the DRMS mining permit reclamation plan is to create lined reservoirs <br />and the site has pending water storage rights for future lined reservoirs in water court case <br />00CW251. If reclamation at any mine site produces a permanent water surface exposing ground <br />water to evaporation, an application for a plan for augmentation must be filed with the Division 1 <br />Water Court at least three years prior to the completion of mining to include, but not be limited to, <br />long -term evaporation losses. If a lined pond results after reclamation, replacement of lagged <br />depletions shall continue until there is no longer an effect of stream flow. A summary of the final <br />reclamation plan and the current posted bond amounts for each site is shown on the next page. <br />