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<br />Y, <br />DEPARTMENT OF NATURAL RESOURCES to I+ <br />DIVISION OF WATER RESOURCES <br />November 12, 2010 <br />Ms. Kimberly K. Frick <br />?p Clear Water Solutions, Inc. <br />8010 S. County Road 5, Suite 105 <br />Windsor, Co 80528 <br />Re: Derr Pit, Substitute Water Supply Plan (WDID 0302547) <br />DRMS File No. M2008-017 <br />Section 4, T5N, R65W of the 6ei P.M. <br />Water Division 1, Water District 3 <br />Bill Ritter, Jr. <br />Governor <br />Mike Kingg <br />ExecuHve?imtor <br />Dick Wolfe, P.E. <br />Director/State Engineer <br />Approval Period: October 1; 2010 through December 31, 2011 (or September 30, 2012 <br />subject to condition no. 1) <br />Contact Phone Number for Ms. Frick: 970-631-6070 <br />Dear Ms. Frick: <br />This letter is in response to your application of August 30, 2010 on behalf of Broken Arrow <br />Investments, LLC ("Broken Arrow" or "Applicant") requesting a substitute water supply plan . <br />("SWSP") for a sand and gravel pit operated by Applicant in accordance with § 37-90-137(11), <br />C.R.S. The Applicant shall be responsible for compliance with this SWSP. The required fee of <br />$1,593 for the SWSP has been paid (receipt no. 3647152). <br />SWSP Operations <br />This SWSP seeks to replace depletions resulting from mining at the Derr Pit. The Derr <br />Pit (WDID 0303035) is located in the SW1/4 of the NE1/4 and the SE1/4 of the NE1/4 of <br />Section 4, Township 5 North, Range 65 West of the 6th P. M. in Weld County. Broken Arrow <br />plans to mine the Derr Pit for the next 15 to 18 years in phases. The dry mining of Phase 1 <br />began at the beginning of 2010. It is estimated that Phase 1 will be completed by October 2010. <br />You indicated that groundwater was not exposed at the site during Phase 1 and once Phase 1 <br />is completed Phase 2 will begin. There will be no dewatering at the site during Phase 2, thus <br />wet mining will occur. This SWSP request is for the replacement of the mining depletions during <br />Phase 2. The proposed mining reclamation for the Derr Pit is a lined storage reservoir. <br />Depletions that result from the proposed wet-mining operation during Phase 2 include <br />evaporation, dust control, and water lost in the mined product during the first two years of this <br />new mining operation. The source of replacement water is fully consumable effluent leased <br />from the City of Greeley. <br />c <br />Office of the tate Engineer <br />1313 Sherman Street, Suite 818 a Denver, CO 80203 a Phone: 303-866-3581 a Fax: 303-866-3589 <br />www.water.state.co.us ? <br />