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Mr. Steven T. Brown <br />August 27, 2013 <br />Page 2 <br />Area C — You indicted that this cluster of former silt ponds visible in the 2011, occasionally held storm <br />water, as these are generally aligned with the location of the pre- mining gulch that drained through the <br />property and the ponds have no outlets. Lafarge backfilled these ponds in this cluster to eliminate any <br />ground water exposed within this area and will breach each of the berms, to reestablish a more <br />natural drainage across the property. The backfilling is reflected in the attached photos provided to <br />this office on August 23, 2013. Since all the ground water exposed in these ponds has been <br />eliminated, there are no longer depletions from evaporation than need to be replaced. However, as <br />mentioned above all storm water stored out of priority needs be released to the stream system within <br />a maximum 72 hours after detainment. <br />Area D - You indicated that ground water was exposed in this pond prior to January 1, 1981 and <br />therefore you seek to designate this pond as exempt from the evaporation replacement requirements. <br />Based on the information provided this pond was initially a clay pit more than fifty years ago and was <br />subsequently mined, expanded and used as an integral part of a sand and gravel operation prior to <br />January 1, 1981. An affidavit from Nicholas G. Conda, representing Wesley D. Conda the former <br />operator of this sand and gravel mine confirming that ground water was exposed within area D prior to <br />1981 has been provided to this office along with your letter. According to our records the size of this <br />pond is approximately 3 acres and review of a 1980 aerial photo confirmed the existence of the pond <br />prior to January 1, 1981. Pursuant to § 37- 90- 137(11)(b), C.R.S., a gravel pit operator or property <br />owner does not need to replace depletions that occur due to evaporation from ground water exposed <br />prior to January 1, 1981 ( "pre -81 ") as a result of open mining of sand and gravel. Based on the <br />records submitted and available to the State Engineer, it has been determined that it is appropriate to <br />designate the approximately 3 acres of ground water currently exposed within Area D as being pre - <br />81, and therefore exempt from evaporative replacement requirements. The pre -81 area that is <br />exempted from replacement of evaporative depletions is tied to the physical location shown on the <br />attached 2012 aerial photo. Any future expansion of Area D outside of the boundaries of Area D, as <br />shown on the attached 2012 aerial photo, will require replacement of evaporation from the surface <br />area outside of such boundaries. Please note that this exemption is only for depletions caused by <br />evaporation within Pond D as shown on the attached 2012 aerial photo, and does not authorize <br />diversions for other beneficial uses including irrigation of the property. Any other uses must be done <br />through a plan for augmentation or a SWSP. Further, the backfilling or partial backfilling of Pond D will <br />not generate evaporation credits to be used at any other location. <br />If you have any questions about this letter or if you wish to discuss any aspect of our <br />evaluation further, please call me or loana Comaniciu at (303)866 -3581. <br />Tha k you, <br />Joan Williams, P.E. <br />Wat Resource Engineer <br />Attachments: 1980 aerial photo, 2012 aerial photo <br />August 23, 2013 photos <br />Conda affidavit <br />Cc: Division 1 <br />DRMS <br />JMW /idc <br />