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M DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES John W. Hickenlooper Governor Mike King December 23, 2013 Executive Director Pte_ ., Dick Wolfe, P.E. Director /State Engineer Mr. Frank C. Healy DEC 2 3 2013 Helton & Williamsen, P.C. Division of Reclamation, 384 Inverness Parkway, Suite 144 Mining & Safety Englewood, CO 80112 -5822 Re: North River Pit (All Rite Paving & RediMix, Inc.) Substitute Water Supply Plan DRMS File No. M- 1999 -005 (6th Approval) SE1 /4 Section-3-6-,T-2-3-S, -R-65W and NE1 /4 Section 1, T24S, R55W, 6th P.M. Water Division 2, Water District 17 Approval Period: January 1, 2014 through March 31, 2015 (subject to condition no. 2) Contact Phone Number for Mr. Healy: 303 - 792 -2161 Dear Mr. Healy: We have reviewed your letter of December 3, 2013 requesting approval for a substitute water supply plan for a sand and gravel pit to be operated by All Rite Paving and Redi Mix, Inc. TAI Rite "), on leased property in accordance with § 37 -90- 137(11) C.R.S. The required review fee of $257 for the substitute water supply plan has been received under receipt no. 3662722. The North River Pit was the subject of the Order of the Division Engineer dated June 1, 2009. The original plan for the North River Pit was approved on July 28, 1999 for the period through June 30, 2001 and it was most recently renewed in a letter dated April 18, 2013. Plan Operation The North River Pit is located in the SE1 /4 of Section 36, Township 23 South, Range 55 West and the NE1 /4 of Section 1, Township 24 South, Range 55 West of the 6th P.M. This SWSP seeks to replace depletions resulting from the mining operations at the North River Pit. According to the information provided, no mining is planned during 2014, thus the only depletions at this site during this SWSP period is evaporation from exposed ground water. For this SWSP period, replacement water for the North River Pit's depletions will be provided by leased water from the Arkansas Groundwater Users Association ( "AGUA "). The gravel pit is permitted under Well Permit No. 52701 -F and this permit remains valid for this site. In accordance with the letter dated April 30, 2010 from the Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result from mining related exposure of ground water. The DRMS letter identified four approaches to satisfy this requirement. In accordance with approach nos. 1 and 3, you have indicated that a bond has been obtained for $175,334 through the DRMS to assure that depletions from groundwater Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 http: / /water.state.co.us