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~-pplegat~ <br />~~~~~, Inc. <br />May 6, 2003 <br />Ms. Joanna Williams <br />Colorado Division of Water Resources <br />1313 Sherman Street, Room 818 <br />Denver, CO 80203 <br />RE: Jeronimus Pit, M-75-039 <br />Dear Joanna: <br />In September 2002, your office issued an approval of the substitute water supply plan for the <br />above-referenced site that was valid through February ], 2003. Aggregate Industries <br />(Aggregate) has since assumed the augmentation responsibilities of the site as indicated in a <br />letter to you from Jamie Gabotiau dated October 17, 2002. At that time, Aggregate's <br />replacement water was provided through a lease with Consolidated Mutual Water Company <br />through January 15, 2003, which was the anticipated closing date on purchase of the site; <br />however, negotiations and permitting of the site are still continuing. <br />To extend replacement supplies past January 15, 2003, Aggregate committed excess water to the <br />Jeronimus site from its South Platte River Combined Replacement Plan as indicated to you in a <br />letter from Donald Frick dated January 28, 2003; replacements were to extend through the end of <br />February 2003. Subsequently, Aggregate has continued to meet replacement obligations for the <br />site as indicated to you in a letter from our firm dated May 1, 2003 and has included the site in its <br />amended South Platte River Combined Replacement Plan that was submitted to your office by <br />separate letter dated May 1, 2003. As you can see, Aggregate has continued to meet the <br />replacement obligations of the site since assuming the responsibility back in October 2002. <br />As I mentioned, permitting of the site is continuing and both Adams County Planning <br />Deparhnent and the Division of Minerals and Geology (DMG) are conducting review of the <br />proposed operations. By letter dated April 7, 2003 from Kenneth Knox to Chris Larue of the <br />Adams County Planning Department, it was indicated that the State Engineer's Office does not <br />provide comments on land use actions that do not involve a subdivision, which disqualifies the <br />Jeronimus site. However, comments were provided regarding potential depletions to the South <br />Platte River and requirements from the State Engineer's Office for a temporary substitute water <br />supply plan or an approved Water Court augmentation plan. <br />Aggregate has committed its resources to meet the projected depletions from the site since , <br />assuming this obligation back in October 2002. We would, therefore, like your office to <br />reco~ize that an approved plan has been in place For the site. Although the formal amendment <br />1499 West 120'" Avenue, Suite 200 5441 Boeing Drive, Suite 200 <br />Cenver, Colorado 80234-2728 v+ww.applegalegroup.com Loveland, Cabratlo 80538-8855 <br />(303) 452-6671 • Fax (303) 452-2759 ~ 5 (970) 467 X884 • Paz (970) 613-1777 <br />