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of Colo DE ARTMENT OF NATURAL RESOURCES IV SION OF WATER RESOURCES John W.Hickenlooper \ 1876 Governor ---' Mike King Executive Director September 30, 2014 Dick Wolfe,P.E. Director/State Engineer r. Pete Foster VWright Water Engineers, Inc. 1666 N. Main Ave., Ste C Durango, CO 81602 Re: Substitute Water Supply Plan for Four Corners Materials-Simmons Pit DRMS File No. M-2009-24 Section 31, T36N, R13W, N.M.P.M. Water Division 7, Water District 34 SWSP ID #5164 RECEIVE® Approval Period: August 25, 2014 —August 24, 2015 td-CT d 12014 Contact Phone Number for Mr. Peter Foster: 970-259-7411 Division of Reclamation, Mining&Safety Dear Mr. Foster. We have reviewed your July 9, 2014 letter request for a substitute water supply plan ("SWSP") pursuant to C.R.S. § 37-92-308(5) to be operated by Oldcastle SW Group, Inc., dba Four Corners Materials ("FCM") on land located 2 miles west of Mancos. Notice was sent to all parties who have subscribed to the SWSP notification list for Water Division 7. That notice was sent on July 8, 2014 and the State Engineer's Office ("SEO") did not receive any comments during the statutory 35-day comment period. The $300 filing fee has been received (receipt no. 3665631). An application for approval of a plan for change of water right has not been filed with the water court and the change proposed and the depletions associated with the change will not exceed five years, therefore this request has been submitted pursuant to § 37-92-308(5), C.R.S. In accordance with § 37-92-308(5), C.R.S., SWSPs may be approved for new water use plans involving out-of-priority diversions, if no application for approval of a plan for augmentation has been filed with the water court for a water use plan and the depletions associated with such water use plan will be for a limited duration not to exceed five years. Plan of Operation This SWSP is for a dry mining operation in Montezuma County and located on the Simmons property. The gravel facility is a proposed dry mining operation with water needs for dust suppression only. During stripping operations at the Simmons Pit approximately 1,100 gallons of water per day is needed for dust suppression on the road and pit, resulting in an estimated demand of 0.51 acre-feet per year (Table 1). Consumptive use credits from a change to the Carpenter and Mitchell Ditch will be diverted into a series of two small, on- channel ponds on the property. The ditch credits will provide the water necessary for material washing and settling. The estimated mine life is approximately 5 years. Office of the State Engineer 1313 Sherman Street, Suite 818 •Denver, CO 80203 • Phone:303-866-3581 • Fax:303-866-3589 wivw.watenstate.co.us