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DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />Bill Ritter, Jr. <br />Governor <br />Mike Kin <br />October 22, 2010 Executive Director <br />Dick Wolfe, P.E. <br />Director/State Engineer <br />Mr. Jared Dains, E.I. <br />Applegate Group, Inc. <br />1499 West 120t Avenue, Suite 200 <br />Denver, Colorado 80234-2759 ' <br />er Su 1 Plafi Feit Pit, DRMS-M-7 -522 (WDID-0302580) <br />RE: Substitute Wat__ p?1L.....s <br />Section 26, T6N, R66W, 6th P.M. <br />Water Division 1, Water District 3, Weld County <br />Approval Period: November 1, 2010 through October 31, 2011 <br />Contact Phone Number for Mr. Dains: 303-452-6611 <br />Dear Mr. Dains: <br />We have reviewed your letter of September 9, 2010 requesting renewal of the above <br />referenced substitute water supply plan ("SWSP") for an existing sand and gravel operation. The <br />required fee of $257.00 for the renewal of this SWSP has been submitted (receipt no. 3647297). <br />The original SWSP was approved on August 8, 2000 and it was most recently approved in a letter <br />dated February 19, 2010. <br />SWSP Operations <br />The total surface area of the ground water exposed at the Feit Pit site (WDID-0303000) <br />equals 40.2 acres (26.4 acres at the West Pit and 13.8 acres at the East Pit). According to the <br />information submitted, 34.1 acres of groundwater was exposed after December 31, 1980 and <br />6.1 acres of ground water was exposed within the reclamation permit boundary prior to January <br />1, 1981. Previously the Feit Pit was proposed to be dewatered from April though October to <br />allow dry mining and the pits would be allowed to fill from November through March. You have <br />indicated that due to poor economic conditions, the Applicant did not dewater or mine as <br />planned; therefore, the ponds remained full during the entire 2009 and 2010 water years. The <br />Feit Pit will not be dewatered or mined during the 2011 water year. For the term of this SWSP, <br />your letter indicates that depletions at the Feit Pit site will be replaced by augmentation water <br />leased from the Platte River Power Authority and the Graham Drainage Ditch Company. <br />In accordance with the letter dated April 30, 2010 (copy attached) from the <br />Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel <br />mining operators must comply with the requirements of the Colorado Reclamation Act <br />and the Mineral Rules and Regulations for the protection of water resources. The April <br />30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate <br />you can replace long term injurious stream depletions that result from mining related <br />exposure of ground water. The DRMS letter identifies four approaches to satisfy this <br />requirement. If the information you are providing to DRMS is included under the <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />www.waterstate.co.us <br />:y