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soCOLORADO Division of Water Resources Department of Natural Resources March 15, 2024 Michelle L. Hatcher Water Resource Specialist Clear Water Solutions, Inc. 4750 Larimer Parkway, Unit 101 Johnstown, CO 80534 Re: Bennett Pit Substitute Water Supply Plan (WDID 0202664) DRMS File No. M-2016-085 (WDID 0210524) Sections 1 and 12, T2N, R67W of the 61h P.M. Water Division 1, Water District 2, Weld County SWSP ID: 6078 Approval Period: March 1, 2024 through February 28, 2025 Contact information for Michelle Hatcher: 970-223-3706 and michelle@clearwatercolorado.com Dear Michelle L. Hatcher: This letter is in response to your application received on January 31, 2024 requesting a substitute water supply plan ("SWSP") renewal for a sand and gravel pit operated by Northern Colorado Contractors Inc. ("NCCI" or "Applicant") in accordance with Section 37-90-137(11), C.R.S., for the Bennett Gravel Pit, Division of Reclamation Mining and Safety ("DRMS") File No. M-2016-085. The Applicant shall be responsible for compliance with this SWSP, but the State Engineer's Office may also pursue the landowner, for eventual compliance. The required fee of $257 for the SWSP renewal has been paid (receipt no. 10034025). The original SWSP was approved on June 26, 2019 and was last renewed in a letter dated October 9, 2023. SWSP Operations The Bennett Pit is located approximately 7 miles north of Fort Lupton in the SW '/a of the SE'/a of Section 1, and the N '/2 of Section 12, all in Township 2 North, Range 67 West of the 6th P.M. (Figure 1). This SWSP seeks to replace depletions resulting from the mining operation due to evaporation from exposed groundwater, dust suppression, dewatering and water lost with the mined product. The Bennett Pit consists of two cells: the north cell and the south cell. The liner for the north cell was provisionally approved on November 2, 2020, by the Division of Water Resources. Construction of the south cell slurry wall is also complete, and the liner was provisionally approved on February 16, 2022. Therefore, NCCI will provide replacement for all native ground water remaining within the lined area that is put to beneficial use except for water removed in product and evaporative losses for groundwater exposed outside the lined area. The water may be removed (dewatered) from within the lined area and returned to the stream through surface flow or groundwater recharge without need for replacement. The life expectancy of the Bennett Pit is approximately 10-15 years. Approximately 750,000 tons are projected to be excavated from within the lined boundary of the pit each year. The proposed replacement of depletions for this site during the period of this SWSP will come from fully consumable water leased from the City of Fort Lupton. 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 the Applicant provide information to DRMS to demonstrate they can replace long term injurious stream depletions Off'C01Q� 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 dwr.colorado.gov I Lei Jared Polis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director y *1876{`