2023-06-22_HYDROLOGY - M2014043

• Permit No: M2014043
• IBM Index Class Name: Hydrology
• Doc Date: 6/22/2023
• Doc Name: Substitute Water Supply Plan
• From: Division of Water Resources
• To: DRMS
• Email Name: NCG
• Email Name: AME
• Media Type: D
• Archive: No

COLORADO
Division of Water Resources
Department of Natural Resources
June 22, 2023
Jared Dains, P.E.
Water Resource Engineer
Applegate Group, Inc.
1490 West 121 st Ave., Suite 100
Denver, CO 80234
Joel Bolduc
Albert Frei St Sons, Inc.
7321 E 88th Ave., Suite 100
Henderson, CO 80640
Re: Frei Hatchery Pit Substitute Water Supply Plan (WDID 0202887)
DRMS File No. M-2014-043 (WDID 0210500)
SW '/a of Section 20, T2S, R67W of the 6th P.M.
Water Division 1, Water District 2, Adams County
SWSP ID: 5932
Approval Period: June 22, 2023 through December 31, 2024 (or December 31, 2025 or
December 31, 2026 subject to Condition No. 1)
Contact Information for Jared Dains: [phone] and [e-mail]
Contact Information for Joel Bolduc: [phone] and [e-mail]
Dear Jared Dains:
This letter is in response to your letter dated May 10, 2023 requesting a substitute water supply plan
("SWSP") amendment to the current SWSP approved on October 29, 2021 and a renewal for the period of
January 1, 2024 through December 31, 2026 for the Frei Hatchery Pit site operated by Albert Frei and Sons
("AFS" or "Applicant") in accordance with section 37-90-137(11), C.R.S. Approval of this SWSP amendment
supersedes the SWSP approved on October 29, 2021 for the period of April 1, 2021 through November 30,
2023. The required fee of $257 for this SWSP has been submitted (receipt nos. 10029069).
SWSP Operations
The Frei Hatchery Pit is permitted for 53.2 acres and is located in the SW '/a of Section 20, Township 2
South, Range 67 West of the 6th P.M. The property includes a 6.5-acre pond and a 0.3 acre pond that were
exposed prior to 1981 as shown on attached Figures 1 and 2. Pursuant to section 37-90-137(11)(b), C.R.S.
and case no. 2009CW49, a gravel pit operator or property owner does not need to replace depletions that
occur due to evaporation from groundwater exposed prior to January 1, 1981 as a result of open mining of
sand and gravel ("pre-81 areas"), regardless of whether mining continued after December 31, 1980. Based
on the information provided, this office recognized a total of 6.8 acres at the Frei Hatchery Pit as having
been exposed prior to January 1, 1981. Per our General Guidelines for Substitute Water Supply Plans for
Sand and Gravel Pits updated April 1, 2011, pre-81 areas are tied to the physical location at which the
groundwater was exposed prior to January 1, 1981. The Applicant provided a map on September 19, 2017
showing the specific location of the 6.8 acres of pre-81 area. The 6.8 acres includes a 6.5 acre pond in the
northwest corner of the permit area and a 0.3 acre pond located to the south of the 6.5 acre pond as shown
on attached Figure 2. Attached Figure 2 also includes a 1.1 acre pond located to the south of the 6.5 acre
pond, however the 1.1 acre pond was backfilled, therefore there is no remaining pre-81 exemption for
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1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.coloraido.gov/water I ��
Jared S. Polis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director