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E <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />February 4, 2014 <br />Branden Effland, P.E. <br />Deere & Ault Consultants <br />600 S. Airport Road, Building A, Suite 205 <br />Longmont, CO 80503 <br />Re: Worthing Substitute Water Supply Plarii (WDID No. 0202630) <br />Worthing Pit, DRMS File No. M- 1977 -526 JWDID No. 0203061) <br />Section 35, T1 S, R67W of the 6"rF.Nf: <br />Water Division 1, Water District 3 <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E <br />Director /State Engineer <br />RECEIVED <br />Approval Period: January 1, 2014 through December 31, 2014 <br />Contact Phone Number for Mr. Effland: 303 - 651 -1468 FEB E �` <br />Dear Mr. Effland: <br />We have reviewed your letter dated October 8, 2013 on behalf of Albert Frei & Sons <br />( "Applicant" or "AFS ") requesting renewal of the substitute water supply plan ( "SWSP ") for the <br />Worthing Pit to cover depletions caused by gravel mining operations in accordance with § 37 -90- <br />137(11), C.R.S. The required application fee of $257 has been submitted (receipt no. 3662147). <br />Plan Operations <br />This plan seeks to replace depletions resulting from gravel mining operations at the Worthing <br />Pit ( "site "). The site is operated by AFS and is currently being reclaimed with exception of the <br />southern portion where a portion of the slurry wall for the Stagecoach Stop Pit encroaches onto <br />Worthing's mining permit boundary. AFS operates both Worthing and Stagecoach and all operations <br />associated with the slurry wall, including mining within the slurry wall boundaries, were included under <br />the Stagecoach SWSP (WDID 0202631). <br />Depletions <br />The only depletions that are covered by this SWSP are those caused by dust control <br />operations and the evaporation of exposed ground water in connection with the final site reclamation. <br />Dust suppression will occur as material from Stagecoach is processed at Worthing. Dust suppression <br />will occur at the crusher during dumping, at conveyor belt transfers, and as needed on roadways and <br />in the removal of overburden at the Site. The Applicant estimates 4 acre -feet per year will be used. <br />Evaporation of exposed ground water at the site will create depletions to the South Platte <br />River. Pursuant to § 37- 90- 137(11)(b), C.R.S. and 2009CW49, 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, regardless of <br />whether mining continued after December 31, 1980 ( "post -80 "). The applicant provided a report dated <br />April 16, 2012 in order to meet the burden of proof required under § 37- 90- 137(11)(b), C.R.S. and <br />claim pre -81 credits at this site. Based on the information provided including a July 4, 1980 aerial <br />photograph of the site, and historical documentation from the mining permit, it has been determined <br />that it is appropriate to designate 28 acres of exposed ground water as being pre -81 and therefore <br />exempt from evaporative replacement requirements. The area receiving this credit is depicted in the <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 />