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~~ s STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Slreet, Room 818 Denver, Colorado 80203 Phone (303) 8663581 FAX (303) 8663589 http:/lwww.water. state.co. us January 22, 2007 ~EB 0 2 2001 MS. Michelle Austin Division of ReclamatitNl, Applegate Group, Inc. Mining and Safety 1499 West 120'" Ave., Suite 200 Denver, CO 80233 RE: Substitute Water Supply Plan, Loveland Pit, (DMRS# M-2000-034) ection 24, .M. Water Division 1, Water District 4, Larimer County Dear Ms. Austin: A~ ~ c ^~ , A ~ ~•rai ,. Bill Ritter, Jr. Govemar Hams D. Sherman Executive Director Hal D. Simpson. P.E. Stale Engineer This letter is in response to your letter dated August 24, 2006, requesting renewal of the above referenced substitute water supply plan to cover depletions caused by an existing gravel mining operation. The required fee of $257 for the renewal of this substitute water supply plan has been submitted. The original plan was approved on June 26, 2000 and it was most recently renewed on October 13, 2004. According to the information submitted, there has been no mining activity at the Loveland Pit site since June 2002 and Lafarge West, Inc. does not intend to resume mining operations until 2008 due to a lack of demand in this area. Currently the amount of exposed surface area at this site is less than the amount of pre-1981 exposed surface area. In a letter dated November 20, 2002, from this office to Mr. Michael J. Hart, the pre-1981 exposed area is identified as being limited to 6.5 acres. Thus the proposed operation will not expose any additional water surface acreage within the reclamation permit boundary that was not already exposed prior to January 1, 1981. Accordingly, rio replacements are proposed to be made for evaporation. No phreatophyte credit has been applied. The post-pumping depletions from the Loveland Pit site that occurred through March 2004 have been replaced. According to the lagged depletion analysis previously provided by your office, lagged depletions from previous mining did not affect the stream after March 2004. The total volume required for replacement to account for post-pumping depletions was 1.9 acre- feet. Replacement water required included a 2.0 percent transit loss from Loveland W WTP to the Loveland Pit site. The source of replacement water for this pit during 2003 was a lease of 3.0 acre-feet of fully consumable water from the City of Loveland. The release of replacement water was made under the direction of the water commissioner. In addition, a well permit was obtained for the gravel pit in accordance with §37-90-137(2) and (11), C.R.S., permit no. 54292-F. In accordance with C.R.S. § 37-90-137(11), the above referenced. out-of-priority depletions have been replaced. Presently, there are no on-going depletions that need to be replaced, however according to your letter, mining operations at this site are projected to resume