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r-4L DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES Mr. Scott Pelino Pelino Excavation, Inc. P.O. Box 5049 Buena Vista, CO 81211 February 5, 2015 RE: Jesse Lee Pit, Substitute Water Supply Plan DRMS File No. M -84 -043 SE 1/a of Section 28 and NE 1/a of Section 33, T14S, R78W Water Division 2, Water District 11 Approval Period: November 1, 2014 through October 31, 2015 Contact Phone Number for Mr. Scott Pelino: 719 - 395 -2093 Dear Mr. Pelino: John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director /State Engineer RECEIVED DEB 0 2015 76 DIVISION OF RECLAMATION, MINING AND SAFETY This letter is in response to the application submitted October 30, 2014 requesting renewal of the substitute water supply plan ( "SWSP" or "Plan ") for Jesse Lee Pit, operated by Pelino Excavation, Inc. ( "Pelino" or "Applicant ") in accordance with Section 537 -90- 137(11), C.R.S. The applicant shall be responsible for compliance with this plan, but the State Engineer's Office may also pursue the landowner for eventual compliance. The required fee of $257 for the substitute water supply plan has been paid (receipt no. 3667172). Plan Operation This plan seeks to replace depletions resulting from mining at the Jesse Lee Pit. The Jesse Lee Pit is located approximately 2 miles south of Buena Vista, on the west bank of the Arkansas River, more specifically in the SE 1/4 of Section 28 and the NE 1/4 of Section 33, Township 14 South, Range 78 West of the 6th P.M. Mining at Jesse Lee Pit began in January 2007 and will continue for approximately 9 years. The depletions that result from the mining operation are evaporation, water lost in mined product, and dust suppression. During the period of this SWSP, Pelino does not anticipate exposing any additional ground water than what is currently exposed at the site. Well permit no. 67860 -F (WDID 1105182) was obtained for the current use and exposed pond surface area of the gravel pit in accordance with 537- 90- 137(2) and (11), C.R.S. No ground water was exposed within the permit boundary prior to January 1, 1981. No phreatophyte credit has been applied to this plan. The replacement water for this pit will be provided by a lease with Upper Arkansas Water Conservancy District. In accordance with the letter dated April 30, 2010 (copy attached) 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. Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 -866 -3581 • Fax: 303 - 866 -3589 www.watenstate.co.us