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O� � Colo <br />cn 0 <br />I87G <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />Mr. Jared Dains <br />Applegate Group, Inc. <br />1499 West 120th Avenue, Suite 200 <br />Denver, Colorado 80234 -2759 <br />December 19, 2013 <br />RE: Bucklen Substitute Water Supply Plan (WDID 0302538) <br />Bucklen Pit, DRMS -M- 1982 -131 (WDID 0303032) <br />Section 36, T6N, R66W, 6th P.M. and Section 31, T6N, R65W, 6th P.M <br />Water Division 1, Water District 3, Weld County <br />Approval Period: November 1, 2013 through October 31, 2014 <br />Contact Phone Number for Mr. Dains: 303 - 452 -6611 <br />Dear Mr. Dains: <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />DEC 19 2013 <br />Mining &Safety <br />We have reviewed your letter of September 23, 2013 requesting renewal of the above <br />referenced substitute water supply plan ( "SWSP ") for an existing sand and gravel operation. The <br />required fee of $257.00 for the renewal of this SWSP has been submitted (receipt no. 3661934). The <br />original SWSP was approved on September 15, 1993 and it was most recently approved in a letter <br />dated November 20, 2012. <br />SWSP Operations <br />This plan seeks to replace depletions resulting from mining operations at the Bucklen Pit. <br />The depletions from the mining operation are evaporation, water lost in the mined product, and dust <br />suppression. The mine is located in Weld County in portions of Section 36, Township 6 North, <br />Range 66 West, and portions of Section 31, Township 6 North, Range 65 West. This SWSP will <br />provide for the replacement of the projected depletions of 56.78 acre -feet from November 1, 2013 <br />through October 31, 2014 (Water Year 2014, 'WY 2014 "). The replacements will be made using <br />five shares of the Greeley Irrigation Company ( "GIC "), leased water from the Platte River Power <br />Authority ( "PRPA ") and the Graham Ditch Company ( "GDC "). <br />In accordance with the letter dated April 30, 2010 from the Colorado Division of <br />Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with <br />the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the <br />protection of water resources. The April 30, 2010 letter from DRMS requires that you provide <br />information to DRMS to demonstrate you can replace long term injurious stream depletions that <br />result from mining related exposure of ground water. The DRMS letter identifies four approaches to <br />satisfy this requirement. The 4th approach requires documentation to identify what water rights or <br />other permanent water source will be dedicated to the SWSP to assure that all permanent <br />depletions from either an unforeseen abandonment of the site by the Applicant or as a result of long <br />term ground water exposure after completion of mining and reclamation will be replaced so as to <br />prevent injury to other water rights <br />In accordance with approach no. 4, you have provided an affidavit dated October 4, 2010 <br />that dedicates five of the Applicant's shares of GIC water as replacement water solely for this <br />SWSP for as long as there are depletions at this gravel pit site or until such time as another <br />replacement source is obtained. A copy of the affidavit is attached to this letter. For the purposes <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 <br />www.water.state.co.us <br />