2017-03-22_HYDROLOGY - M2001005

• Permit No: M2001005
• IBM Index Class Name: Hydrology
• Doc Date: 3/22/2017
• Doc Name: Substitute Water Supply Plan
• From: DNR Water Resources
• To: DRMS
• Email Name: TC1
• Media Type: D
• Archive: No

Mr. Paul Bruss March 22, 2017
Page 3 of 7
will be used to supply the replacement water for the winter months. Transit Mix will request Twin
Lakes release of approximately 48.51 acre-feet in the 2017 plan year and 48.70 acre-feet in the
2018 plan year. This water is subject to a 7.81 percent transit loss (0.07% per mile for 111.6 miles)
for delivery to the Grisenti site. The proposed replacement schedule for this SWSP’s approval
period is shown in the attached Table 3.

LONG TERM AUGMENTATION

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. The DRMS letter identifies four approaches to
satisfy this requirement. Approach nos. 1 and 3 require bonding to ensure the pit can be backfilled
or lined. Approach no. 4 requires documentation to identify what water rights or other permanent
water source will be dedicated to the SWSP to assure that all permanent depletions from either an
unforeseen abandonment of the site by the Applicant or as a result of long term ground water
exposure after completion of mining and reclamation will be replaced so as to prevent injury to
other water rights.

In accordance with approach nos. 1 and 3, a bond for $115,000 has been obtained through DRMS. It
is our understanding that this may be used for backfilling of the sediment pond and water basin,
but is not adequate for backfilling of the Phase 2 mining pit. Therefore, in accordance with
approach no. 4, you have indicated that the mineral lease between the Applicant and the
landowner provides for the Applicant’s use of the Lester-Attebery water rights in connection with
the mining operation. You have indicated that the Applicant intends to fully utilize the Lester-
Attebery Ditch rights as the sole replacement supply for a long-term augmentation plan for the
Grisenti Pit. For the purposes of this SWSP, the lease agreement will be accepted for the
dedication of the subject water rights; however, if the State Engineer determines that a different
dedication process is necessary to assure proper dedication of water rights, additional information
may be required prior to future SWSP approvals.

CONDITIONS OF APPROVAL

This SWSP is hereby approved pursuant to § 37-90-137(11), C.R.S., subject to the following
conditions:

1. This plan shall be valid for the period of February 1, 2017 through January 31, 2019, unless
otherwise revoked or superseded by decree. If this plan will not be made absolute by a
water court action by the plan’s expiration date, a renewal request must be submitted to
this office with the statutory fee of $257 no later than December 1, 2018.

2. The total surface area of the ground water exposed after December 31, 1980 shall not
exceed 41.8 acres for the period of this SWSP.

3. The annual volume of ground water used for dust control shall not exceed 6.0 acre-feet, and
the annual amount of product mined shall not exceed 500,000 tons, which results in 14.71
acre-feet of ground water lost with the mined aggregate.