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COLORADO <br /> co _/ Division of Water Resources <br /> ® Department of Natural Resources <br /> November 29, 2023 <br /> Andy Rodriguez, P.E. <br /> Civil Resources, LLC <br /> 8308 Colorado Blvd Suite 200 <br /> Firestone, CO 80504 <br /> Re: Bernhardt Substitute Water Supply Plan (WDID 0402528) <br /> Bernhardt Pit, DRMS Permit No. M-2002-120 (WDID 0403007) <br /> Sections 1 St 12, T 4N, R 67W, 61h P.M. <br /> Water Division 1, Water District 4, Weld County <br /> SWSP ID: 3672 <br /> Approval Period: January 1, 2024 through December 31, 2024 <br /> Contact information for Andy Rodriguez: andv@civilresources.com and (303) 833-1416x202 <br /> Dear Andy Rodriguez, P.E.: <br /> We have reviewed your letter dated September 29, 2023 requesting renewal of the above-referenced <br /> substitute water supply plan in accordance with section 37-90-137(11), C.R.S. to cover depletions caused <br /> by an existing gravel mining operation operated by Bestway Concrete Company ("Bestway" or "Applicant"). <br /> The required fee of $257.00 for the renewal of this substitute water supply plan ("SWSP") has been <br /> submitted (receipt no. 10032060). The original supply plan was approved January 14, 2004 and the plan was <br /> most recently renewed on February 1, 2023 for the period of January 1, 2023 through December 31, 2023. <br /> Plan Operation <br /> This plan seeks to replace depletions resulting from mining operations at the Bernhardt Pit. The depletions <br /> that result from the mining operation during this SWSP period are water used for dust control and <br /> evaporation. The proposed replacement source is water leased from the Groundwater Management <br /> Subdistrict (GMS) of the Central Colorado Water Conservancy District (CCWCD). <br /> Mining in Ponds 2/3A, 3, and 4 is complete. Ponds 2/3A and 3 have been lined with bentonite slurry walls <br /> that were approved December 2009 and March 2016 respectively, by the Division of Water Resources (DWR) <br /> to operate as reservoirs. Pond 3 is owned by CCWCD and is used to store water owned by CCWCD. A <br /> provisional leak test has been approved for Pond 4 in August 2018. Pond 4 is in reclamation stages and has <br /> no more exposed groundwater. However, the liners in Cells 3 and 4 were damaged by a rain event in June <br /> 2023. Once repairs are completed, new modified liner tests will be required to be performed for these <br /> ponds. These cells will be dewatered for at least the next 6 months. A provisional leak test was approved <br /> for Pond 5 on August 14, 2019. Pond 5 will be actively mined during this SWSP period. The liner approval <br /> for Pond 4 and 5 is only applicable during the mining operations at the site and does not classify the <br /> structures as reservoirs capable of water storage. <br /> Water shall not be impounded in the reservoirs except pursuant to lawful diversions allowed by statute or <br /> decree. At all other times, all inflow of water into the reservoir from any source, including precipitation <br /> and groundwater inflows, shall be removed by the Applicant. The water may be removed from within the <br /> lined area and returned to the stream system without need for replacement, so long as the operator does <br /> not put the water to beneficial use. <br /> OF LOCO <br /> 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared Polis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director OI <br /> *1876�` <br />