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STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resouces 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 www.watecstate.co.us Peter Wayland Weiland, Inc. 525 3rd Avenue, Suite 211 Longmont, CO 80501 JAN 19 2006 of cO<o I he% +: « r ~O~ ~ r896 a Bill Owens Governor Russell George Executive Director Division of Minerals and GeBlo Hal D. Bimpson, P.E. 9~ State Engineer Re: Nelson Mining Resource Gravel Pit, Substitute Water Supply Plan DMG File No. M-05-059 Section 31, T3N, R67W of the 6`" P. M. Water Division 1, Water District 5 Approval Period: January 1, 2006 through December 31, 2007 Dear Mr. Wayland: This letter is in response to your application of October 20, 2005 requesting approval of a substitute water supply plan ("SWSP") for a sand and gravel pit owned and operated by Asphalt Specialties Company, Inc. The Applicant shall be responsible for compliance with this plan. The required fee of $1,343 for the substitute water supply plan has been submitted (receipt no. 545112). Plan Operation This plan seeks to replace depletions resulting from mining at the Nelson Mining Resources Gravel Pit ("Nelson Pit"). The project proposes to dewater the pit and pump that water into to the unlined Varra Companies Pit No. 1 (M-74-052) located to the north of the Nelson Pit. Depletions from evaporation at the Varra Companies Pit No. 1 ("Varra Pit") are augmented pursuant to a pre-1989 augmentation agreement with the St. Vrain 8 Left hand Water Conservancy District. According to the plan, the Varra Pit is located at the same approximate distance from St. Vrain Creek as the dewatering pump. Therefore, the water will recharge back to the stream in the same approximate timing as the depletions from dewatering. The reclamation plan for the Nelson Pit is to place a compacted clay liner around the interior of the mine slopes for the purpose of preventing groundwater seepage from entering the pit. The applicant has bonded for lining of the pit through the Division of Minerals and Geology. Depletions This plan describes the proposed water uses at the previously un-mined Nelson Mining Resource Gravel Pit during the first two years of this operation. The proposed plan anticipates a maximum annual net depletion of 15.02 acre-feet for up to 1.19 acres of exposed groundwater surface (0.34 acres of dewatering trench and 0.85 acres of wash pond) during the approval period. Since this is a new mining operation, no groundwater was exposed at this site January 19, Zoos RECEIVED