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G STATEOFCOLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone 303-866-3581 <br />FAX 303-866-3589 <br />http://www.water. state. co. us <br />Mr. Jeffrey Clark <br />Bishop-Brogden Associates, Inc. <br />333 West Hampden Avenue, Suite 1050 <br />Englewood, Colorado 80110 <br />Re: Ready Mixed Concrete Company-North <br />0202597) <br />DMG File No. (mined under M-77-436) <br />Section 23, T1 S, R67W of the 6th P.M. <br />Water Division 1, Water District 2 <br />August 11, 2009 <br />OF cpCp <br />iy <br />U, 876 <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Dick Wolfe, P.E. <br />State Engineer <br />Tower Pit, Substitute Water Supply Plan (WDID: <br />Approval Period: August 1, 2009 through July 31, 2010 ? //RECRIIn <br />Contact phone number for Mr. Jeffrey Clark: (303) 806-8952 fiqU G 18 2009 <br />Dear Mr. Clark: Division oz r? ,.=+uae-I <br />Mining and Safety <br />We have received your letter of July 1, 2009, requesting renewal of the above referenced <br />substitute water supply plan ("SWSP") to cover depletions caused by a gravel mining operation. The <br />required fee of $257.00 for the renewal of this SWSP has been submitted (receipt no. 3641462). The <br />supply plan was most recently approved on January 28, 2009. <br />Plan Operations <br />This plan seeks to replace depletions resulting from the evaporative losses at the North Tower <br />Pit sand and gravel mine (WDID: 0203037). The depletions that result from the previously mined site <br />include evaporation only. The proposed replacement sources are consumptive use credits from Fulton <br />Ditch shares owned by the Applicant and water stored in the Kenneth Mitchell Lake (formerly Cell 1 of <br />the Bromley Lakes Pit) and a lease from the City of Brighton will make replacement during March and <br />April 2010. <br />The final reclamation of the pit includes backfilling or lining of all exposed groundwater within <br />the permit boundary. The Applicant has bonded for lining and backfilling of the pit as part of their <br />permitting process through the Division of Minerals and Geology. <br />A water court application for a permanent augmentation plan for this site was filed on March 1, <br />1990 under case no. 1990CW39. The application was amended on November 26, 2003 and a second <br />amendment was filed on January 23, 2008. The approval of this plan does not imply a position by our <br />office on any litigation associated with case no. 1990CW39 or any other case. If a renewal of this <br />SWSP is required the Applicant must include information that describes what steps they have <br />taken towards obtaining a final decree, to assure that the court application continues to <br />progress through the court process.