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soCOLORADO <br /> Division of Water Resources <br /> Department of Natural Resources <br /> October 9, 2023 <br /> Michelle L. Hatcher <br /> Water Resource Specialist <br /> Clear Water Solutions, Inc. <br /> 4750 Larimer Parkway, Unit 101 <br /> Johnstown, CO 80534 <br /> Re: Bennett Pit Substitute Water Supply Plan (WDID 0202664) <br /> DRMS File No. M-2016-085 (WDID 0210524) <br /> Sections 1 and 12, T2N, R67W of the 61h P.M. <br /> Water Division 1, Water District 2, Weld County <br /> SWSP ID: 6078 <br /> Approval Period: March 1, 2023 through February 29, 2024 <br /> Contact information for Michelle Hatcher: 970-223-3706 and <br /> michelle@clearwatercolorado.com <br /> Dear Michelle L. Hatcher: <br /> This letter is in response to your application received on March 1, 2023 and the additional information <br /> from June 15, 2023 requesting a substitute water supply plan ("SWSP") renewal for a sand and gravel pit <br /> operated by Northern Colorado Contractors Inc. ("NCCI" or "Applicant") in accordance with Section 37- <br /> 90-137(11), C.R.S., for the Bennett Gravel Pit, Division of Reclamation Mining and Safety ("DRMS") File <br /> No. M-2016-085. The Applicant shall be responsible for compliance with this SWSP, but the State <br /> Engineer's Office may also pursue the landowner, for eventual compliance. The required fee of $257 for <br /> the SWSP renewal has been paid (receipt no. 10027554). The original SWSP was approved on June 26, <br /> 2019 and was last renewed in a letter dated September 7, 2022. <br /> SWSP Operations <br /> The Bennett Pit is located approximately 7 miles north of Fort Lupton in the SW '/a of the SE'/a of Section <br /> 1, and the N '/2 of Section 12, all Township 2 North, Range 67 West of the 6th P.M. (Figure 1). This SWSP <br /> seeks to replace depletions resulting from the mining operation due to evaporation from exposed <br /> groundwater, dust suppression, dewatering and water lost with the mined product. The Bennett Pit <br /> consists of two cells: the north cell and the south cell. The liner for the north cell was provisionally <br /> approved on November 2, 2020 by the Division of Water Resources. Construction of the south cell slurry <br /> wall is also complete and the liner was provisionally approved on February 16, 2022. Therefore, NCCI will <br /> provide replacement for all native ground water remaining within the lined area that is put to beneficial <br /> use except for water removed in product. The water may be removed (dewatered) from within the lined <br /> area and returned to the stream through surface flow or groundwater recharge without need for <br /> replacement. The life expectancy of the Bennett Pit is approximately 10-15 years. Approximately 500,000 <br /> tons are projected to be excavated from within the lined boundary of the pit each year. The proposed <br /> replacement of depletions for this site during the period of this SWSP will come from fully consumable <br /> water leased from the City of Fort Lupton. <br /> In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of <br /> Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with <br /> the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the <br /> protection of water resources. The April 30, 2010 letter from DRMS requires that the Applicant <br /> provide information to DRMS to demonstrate they can replace long term injurious stream depletions <br /> that result from mining related exposure of groundwater. The DRMS letter identifies four approaches <br /> to satisfy this requirement. <br /> Off'C01Q� <br /> 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 dwr.colorado.gov I Lei <br /> Jared Polis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director y <br /> *1876{` <br />