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<br />DEPARTMENT OF NATURAL RESOURCES He--- <br />DIVISION OF WATER RESOURCES <br />Cheryl Signs, P.E. <br />V%heryl Signs Engineering <br />109 East Fourth Avenue <br />Denver CO 80203 <br />December 13, 2010 <br />Bill Ritter, Jr. <br />Governor <br />Mike Yin <br />aaw,ti"e% rntor <br />Dick Wolfe, P.B. <br />Director/State Engineer <br />Re: Kurtz Ranch Resource Recovery Pit, Substitute Water Supply Plan WDID 0502513) <br />DRMS File No.#M-99-006, Well Permit no. 74385-F <br />Sections 28 and 29, T3N, R67W, a P.M. <br />Water Division 1, Water District 5, Weld County, Colorado <br />Approval Period: November 1, 2010 through October 31, 2012 <br />Contact Phone Number for Ms. Cheryl Signs: 303-778-7653 <br />Dear Ms. Signs: <br />We have reviewed your letter dated September 15, 2010 requesting renewal of the above <br />referenced substitute water supply plan ( SWSP) to cover depletions caused by an existing gravel mining <br />operation. The required fee of $257 for the renewal of this substitute water supply plan has been <br />submitted (receipt no. 3647330). The original plan was approved on September 28, 1999 and it was most <br />recently renewed on July 6, 2010. <br />Plan Operation <br />This plan seeks to replace depletions resulting from mining operations at the Kurtz Ranch <br />Resource and Recover pit ("Kurtz", WDID 0503002). The depletions that results from the mining <br />operations are evaporation, water lost in mined product, and dust suppression. The mine is located in <br />Weld County in parts of Sections 28 and 29, Township 3 North, Range 67 West of the 6"' P.M. This <br />SWSP will cover the replacement of the projected depletions of 259.38 acre-feet per year. The <br />replacement will be made using water stored in two lined pits. The storage water will be from the junior <br />storage water rights that were decreed in case no. 2001 CW274. The stored water decreed in case no. <br />2001 CW274 is also used in the Durham Pit SWSP (DRMS M78-056). <br />In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado <br />Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators <br />must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and <br />Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires <br />that you provide information to DRMS to demonstrate you can replace long term injurious <br />stream depletions that result from mining related exposure of ground water. The DRMS letter <br />identifies four approaches to satisfy this requirement. If the information you are providing to <br />DRMS is included under the approaches numbered 1 - 3, a copy of that information needs to <br />also be provided to this office (the Division of Water Resources). <br />In accordance with approach no. 4, you have provided an affidavit dated November 1, <br />2010 that dedicates five of the Applicant's shares of GIC water and 4 shares of the Rural Ditch <br />water and portions of the water rights decreed in case no. 2001CW274 as replacement water <br />solely for this SWSP for as long as there are depletions at this gravel pit site or until such time <br />Office of the State Engineer <br />1313 Sherman Street, Suite 1a • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 L???/E3(? <br />www.water.state.coms <br />EEC 4 201170 <br />Division of Reowitauo++, <br />pAo" and Safety