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F&-: DEPARTMENT OF NATURAL RESOURCES DIVISION OF 'WATER RESOURCES Andy Rodriguez, P.E. Civil Resources, LLC 323 Fifth Street P.O. Box 680 Frederick, CO 80530 March 9, 2015 Re: Bernhardt Substitute Water Supply Plan (WDID 0402528) Bernhardt Pit, DRMS Permit No. M- 2002 -120 (WDID 0403007) Sections 1 It 12, T4N, R67W, 6th P.M. Water Division 1, Water Districts 2 >:t 4, Weld County Approval Period: January 1, 2015 through December 31, 2015 Contact phone number for Mr. Andy Rodriguez: 303 - 833 -1416 Dear Mr. Rodriguez: John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director /State Engineer REI, WED '--' MAR 11 N 14 5 DMSION OF RECLAMATION, MINING AND SAFETY We have reviewed your letter dated December 5, 2014 requesting renewal of the above referenced substitute water supply plan in accordance with 5 37 -90- 137(11), C.R.S. to cover depletions caused by an existing gravel mining operation operated by Bestway Concrete- Company ( "Bestway" or "Applicant "). The required fee of $257.00 for the renewal of this substitute water supply plan ("SWSP") has been submitted (receipt no. 3667697D). The original supply plan was approved January 14, 2004 and the plan was most recently renewed on June 30, 2014. Plan Operation This plan seeks to replace depletions resulting from mining operations at the Bernhardt Pit. The depletions that result from the mining operation during this SWSP period are evaporation, concrete batching and dust suppression. The proposed replacement source is water leased from the Groundwater Management Subdistrict of the Central Colorado Water Conservancy District. The southwest portion of the mining site has been lined with a bentonite slurry wall that was approved on December 9, 2009 by the Division of Water Resources to operate as a reservoir. Water shall not be impounded in the reservoir except pursuant to lawful diversions allowed by statute or decree. At all other times, all inflow of water into the reservoir from any source, including precipitation and ground water inflows, shall be removed by the applicant. The water may be removed from within the lined area and returned to the stream system through surface flow or ground water recharge without need for replacement, so long as the operator does not put the water to beneficial use. An alluvial well has been constructed to provide water for concrete batching. This well was constructed under permit no. 60729 -F (WDID 0405678) and is located outside the boundaries of the existing slurry wall. The water withdrawn from this alluvial well is considered 100% consumptive. A flow meter has not been installed on the well, as is required by condition of approval #9 on well permit no. 60729 -F. Therefore, no water may be pumped from this well until a totalizing flow meter is installed on the well and approved by the water commissioner. However, according to Table 2a well no. 60729 -F has not been used for concrete batching since 2008 and the Applicant is not proposing to use this well in 2015. In addition there are no more lagged depletions from previous pumping that will have an effect on the stream during the period of this SWSP. Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 -866 -3581 • Fax: 303 - 866 -3589 www.water.state.co.us