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Mr. Jared Dains <br />Amended Lafarge Middle Poudre Combined SWSP <br />July 29, 2013 <br />Page 4 of 7 <br />replacement water under MMM's South Platte Combined Replacement Plan are fully consumable water <br />leased from the City of Aurora, and dewatering credits associated with mining operations at the <br />Riverbend East Pit (WDID 0203041). Both sources are described more completely in the approval dated <br />January 28, 2013 for MMM's South Platte Combined Replacement Plan. The releases of water leased <br />from Aurora will be made from the Metropolitan Waste Water Treatment Plant (WDID 0200700) located <br />in Denver on the South Platte River approximately 66.1 miles upstream from the Cache la Poudre <br />confluence. The Riverbend East Pit is located on the South Platte River between the Metropolitan Waste <br />Water Treatment Plant and the Cache la Poudre confluence. The Applicant will account for a transit loss <br />of 0.5% per mile for the 66.1 miles from the Metropolitan Waste Water Treatment Plant to the confluence <br />(33.05% total transit loss). Conveyance loss for delivery of augmentation water to the Cache la Poudre <br />River is subject to assessment and modification as determined by the division engineer. <br />During the winter it is possible for a call to be placed on the Evans Number 2 ditch for a Milton <br />Reservoir call, or any other water rights which could potentially sweep the river. It is the Applicant's <br />responsibility to contact the District 2 water commissioner to ensure this water is being delivered to the <br />Cache la Poudre and South Platte River confluence. There is no call in the winter for the stretch of the <br />Cache la Poudre River between these sites and the confluence with the South Platte River. <br />As for using dewatering credits associated with mining operation at the Riverbend East Pit, prior <br />to using these credits the District 2 Water Commissioner must inspect and approve the measuring <br />devices used to deliver these credits to the River, and MMM must provide daily accounting to the District <br />2 Water Commissioner for the MMM's South Platte Combined Replacement Plan. <br />Monthly breakdowns of the stream depletions from the mining operations as well as the <br />replacements for this amended SWSP are shown in the attached Table 5. <br />Conditions of Approval <br />hereby approve this SWSP amendment in accordance with § 37 -90- 137(11), C.R.S., subject to <br />the original terms and conditions except where changed below. For simplicity all terms and conditions <br />are listed below: <br />1. This plan amendment has an effective date of July 29, 2013 and shall be valid through December <br />31, 2013 unless otherwise revoked or modified. If this plan will not be made absolute by a water <br />court action by the plan's expiration date, a renewal request must be submitted to this office with <br />the statutory fee (currently $257 per pit) for each gravel pit no later than November 1, 2013. <br />2 A new well permit must be obtained for the current use and exposed surface area of the <br />Kyger Pit in accordance with § 37 -90- 137(2) and (11), C.R.S. in conjunction with this plan. <br />The provisions of § 37 -90- 137(2), C.R.S. prohibits the issuance of a permit for a well to be <br />located within 600 feet of any existing well, unless the State Engineer finds that circumstances so <br />warrant after a hearing held in accordance with the procedural rules in 2CCR402 -5. This hearing <br />may be waived if you are able to obtain statements from the owners of all wells within 600 feet, <br />verifying that they have no objection to your use of the proposed well. Should a new well permit <br />be denied for reasons of 600 foot spacing, or any other legitimate reason, the Kyger Pit will be <br />dropped from this SWSP. <br />3. The total amount of lagged depletions from each of the pits shall not exceed the values shown in <br />the attached Table 1. <br />