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?? Cp DEPARTMENT OF NATURAL RESOURCES V3 DIVISION OF WATER RESOURCES * 8?? s Cheryl Signs, P.E. Cheryl Signs Engineering 109 East Fourth Avenue Denver, CO 80203 December 13, 2010 am tttetw IT. ? Gmv w ire Dick Waiter P.E. DirecW/5tde Blinwr Re: Kurtz Ranch Resource Recovery Pit, Substitute Water Supply Plan (WDID 0602513) DRMS File No. M-99-006, Well Permit no. 74385-F Sections 28 and 29, T3N, R67W, 61' P.M. Water Division 1, Water District 5, Weld County, Colorado Approval Period: November 1, 2010 through October 31, 2012 Contact Phone Number for Ms. Cheryl Signs: 303-778-7653 Dear Ms. Signs: We have reviewed your letter dated September 15, 2010 requesting renewal of the above referenced substitute water supply plan CSWSP") to cover depletions caused by an existing gravel mining operation. The required fee of $257 for the renewal of this substitute water supply plan has been submitted (receipt no. 3647330). The original plan was approved on September 28, 1999 and it was most recently renewed on July 6, 2010. Plan Operation This plan seeks to replace depletions resulting from mining operations at the Kurtz Ranch Resource and Recover pit ("Kurtz% WDID 0503002). The depletions that results from the mining operations are evaporation, water lost in mined product, and dust suppression. The mine is located in Weld County in parts of Sections 28 and 29, Township 3 North, Range 67 West of the a P.M. This SWSP will cover the replacement of the projected depletions of 259.38 acre-feet per year. The replacement will be made using water stored in two lined pits. The storage water will be from the junior storage water rights that were decreed in case no. 2001 CW274. The stored water decreed in case no. 2001CW274 is also used in the Durham Pit SWSP (DRMS M78-056). In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division of Reclamation, Mining, and Safety ("DRMS"), all sand and gravel mining operators must comply with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate you can replace long term injurious stream depletions that result'from mining related exposure of ground water. The DRMS letter identifies four approaches to satisfy this requirement. If the Information you are providing to DRMS is included under the approaches numbered 1 - 3, a copy of that information needs to also be provided to this office (the Division of Water Resources). In accordance with approach no. 4, you have provided an affidavit dated November 1, 2010 that dedicates five of the Applicant's shares of GIC water and 4 shares of the Rural Ditch water and portions of the water rights decreed in case no. 2001CW274 as replacement water solely for this SWSP for as long as there are depletions at this gravel pit site or until such time Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO a= • Phone: 303.866 MI • Fax: 3034866-3589 www.wa ter.statexa.us