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`~ '~ Est ~~ nl <br />t/ <br />~~ ~ STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER o ; ~ <br />Division of Wa[er Resources ~~-- <br />Department of Natural Resources <br />1313 Sherman Street, Raom 818 . r <br />Denver, Colorado 80203 December 14, 2006 ~ rs78 ~ <br />Phone (303) 866-3581 <br />FAX 1303) 8663589 RECEIVED Bill Owerss <br />www.waterstate.co.us ~~~t q p q Govemar <br />/ ~ UL1i 1 V L~06 Russell George <br />Ms. Kimberly K. Edwards / ee<w~e pfe"~` <br />Applegate Grou Inc. »r/// Division of Reclamation, ~ce ~s&~ , P.E. <br />1499 West 120`~Avenue, Suite 200 Mining and Safety <br />Denver, CO 80234-2759 <br />RE: Substitute Water Supply Plan, Wagner/Kauffman Pit #3 <br />DMRS No. M-99-069.s~ <br />Section 17, 20 and 21, T5N, R68W, 8th P.M. <br />Water Division 1, Water District 4, Lorimer County <br />Approval Period: January 1, 2007 through December 37, 2008 <br />Contact Phone Number for Ms. Kimberly K. Edwards: 303-452-6611 <br />Dear Ms. Edwards: <br />We have reviewed your letter of September 11, 2006 requesting renewal of the above <br />referenced substitute water supply plan for a sand and gravel pit. The required fee of $257.00 for the <br />renewal of this substitute supply plan has been submitted. The original supply plan was approved on <br />December 16, 1999 and it was most recently approved in a letter dated November 29, 2004. <br />The permit boundaries of the Wagner/Kauffman Pit No. 3 have been amended and now <br />include acreage thatwas previously part of the Kauffman Pit No.1 (M78-327). This plan will include <br />the 0.6 acre dewatering trench that was previously included in the Kauffman Pit No. 1 plan. <br />Accordingly, the exposed surface area will increase from 2 acres to 2.6 acres (exposed after <br />December 31, 1980), resulting in 6.00 acre-feet of evaporative depletions. According to the <br />information submitted, no ground waterwas exposed within the reclamation permit boundary priorto <br />January 1,1981. The operator will also increase the mining rate to 350,000 tons per yearwhich will <br />consume i0.3 acre-feet of water lost with the mined product. Thus, the total estimated net <br />depletions from this operation will be 16.3 acre-feet per year. No phreatophyte credit has been <br />applied to this plan. The mining operation has continuously dewatered directly back to the Big <br />Thompson River since 2000. The estimated dewatering rate at the Wagner/Kauffman Pit No. 3 site <br />is approximately 1000 gallons per minute. <br />Replacement water for this pit will continue to be made available throughout the yearfrom an <br />existing lease of 15 acre-feet of fully consumable water from the City of Loveland ("Loveland"). A <br />copy of the (ease associated with the mining operation was provided fo the State Engineer's Office <br />on November 10, 2006 and is attached to this letter. The duration of the lease is from January 1, <br />2007 through December 31, 2009. A 4 percent transit loss from Green Ridge Glade Reservoir to <br />Wagner/Kauffman Pit No. 3 has been applied to the delivery of the replacement water. Since the <br />amount of replacement water identified in the existing lease is not sufficient to cover the depletions <br />of 16.3 acre-feet associated with this site, you are proposing to use the excess water from the <br />adjacent Kauffman Pit No. 1 lease (attached to this letter). In the event that Loveland plans to use <br />Colorado-Big Thompson ("CBT")Project water as a replacement source, Loveland needs to comply <br />