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<br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />B njr. <br />Governor <br />1? <br />November 23, 2010 Executive <br />Dick Wolfe, P.S. <br />Director/state Engineer <br />Mr. Jared Dains, E.I. <br />$Applegate Group, Inc. <br />1499 West 1201 Ave., Suite 200 <br />Denver, CO 80233 <br />A---" ,/ <br />Re: Subati ?+a wa er upuly Plan-Greeley (35th Avenue) Pit, M-77-036 (WDID 0302546) <br />Section 34 & 35, T6N, R66W, Sixth. P.M. <br />Water Division 1, Water District.3 . <br />Approval Period: November 1, 2010 through October 31, 2011 <br />Contact Phone Number for Mr. Jared Dains: 303-452-6611 <br />Dear Mr. Dains: <br />Your letter dated September 15, 2010, requesting renewal of the above referenced <br />substitute water supply plan ("SWSP") to cover depletions caused by an existing gravel mining <br />operation has been reviewed. The required fee of $257 for the renewal of this SWSP has been <br />submitted (receipt no. 3647364). The original SWSP was approved on February 12, 1992 and it <br />was most recently approved in a letter dated October 29, 2009. <br />SWSP Operations and Depletions <br />The Greeley 35th Avenue Pit (WDID 0303022) is located in Sections 34 and 35, <br />Township 6 North, Range 66 West of the 6th P.M. Lafarge West Inc. ("Lafarge"} is in a process <br />to amend the Division of Reclamation Mining and Safety ("DRMS") permit boundary, to include <br />an additional 12.4 acres, referred to as the Brown Property. Mining at the Brown Property will <br />not begin until the DRMS has approved the amendment for M1977-036. Therefore there will be <br />no mining depletions on the Brown Property during the period of this SWSP. The depletions <br />that result from the mining operation at the Greeley 35th Avenue Pit are evaporation from <br />exposed surface area, water lost in mined product, dust control and water used in concrete <br />production. Lafarge will replace all depletions during the period of this SWSP, using a lease <br />with the City of Greeley. <br />The total exposed pond surface area at this site is 82.1 acres. According to the <br />information from the previous plan, a total of 52 acres of pond surface was exposed within the <br />Greeley 35th Avenue Pit reclamation permit boundary prior to January 1, 1981. Based on the <br />Division 1 Water Court decision in case no. 2009CW49, the replacement of evaporative <br />depletions is not required for ground water exposed to the atmosphere prior to January 1, 1981 <br />through open mining of sand and gravel, regardless of whether open mining operations <br />Office of the State Engineer <br />1313 Sherman Street, S e 818 • Denver, CO 80203 • Phone: 303-866-3581 a Fax: 303-866-3589 `+OW <br />www.water.state.co.us <br />011C 01-2010 <br />D111iwon oT i%euamanon, <br />111 WN end sde"