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DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />February 14, 2011 <br />s <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director/State Engineer <br />Cheryl Signs, P.E. <br />Cheryl Signs Engineering <br />109 East Fourth Avenue <br />Denver, CO 80203 <br />Re: Durham Pit, Substitute Water Supply Plan (WDID 0302535) <br />DRMS File No -78-056 <br />Sections 3, 9, and 10, T5N, R65W, 6t' P.M. <br />Water Division 1, Water District 3, Weld County, Colorado <br />Approval Period: January 1, 2011 through December 31, 2012 <br />Contact Phone Number for Ms. Cheryl Signs: 303-778-7653 <br />Dear Ms. Signs: <br />RECENVFI" <br />48 24 2011 <br />Division or ne,rtdtw' <br />mining and SafetY <br />We have reviewed your letter dated November 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. 3648005). The original plan was approved on May 24, 2004 and it was most <br />recently renewed on February 10, 2010 (amended July 6, 2010). <br />Plan Operation <br />Varra Companies, Inc. ("VCI") is the operator of the Durham Pit (WDID 0303029). This plan <br />seeks to replace depletions resulting from mining operations at the Durham Pit site. The depletions that <br />results from the mining operation are from dewatering, evaporation, water lost in mined product, dust <br />suppression and water used for a batch plant. The mine is located in Weld County in Sections 3, 9 and <br />10, Township 5 North, Range 65 West of the 6th P.M. The mine is dewatered to allow dry mining. This <br />SWSP will cover the replacement of the projected depletions of 49.56 acre-feet. The replacement will <br />be made using Greeley Irrigation Company ("GIC") shares and water stored in two lined pits (112 and <br />Dakolios). The storage water will be from Rural Ditch storage water rights. The Rural Ditch stored <br />water is also used in the Kurtz Pit SWSP (DRMS M99-006). <br />Depletions <br />The anticipated net depletion for this plan is 49.56 acre-feet. The currently exposed <br />groundwater at the site totals 53.6 acres. According to the information submitted, 44.6 acres of water <br />surface was exposed within the 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 depletions is <br />not required for ground water exposed to the atmosphere prior to January 1, 1981 through open mining <br />of sand and gravel, regardless of whether open mining operations continued or were reactivated on or <br />after that date. The Water Court effectively held that Senate Bill 120 of 1989, as amended in Senate <br />Bill 93-260, exempted all pre-1981 exposed ground water regardless of whether open mining <br />operations continued or were reactivated on or after January 1, 1981. Accordingly, for the 53.6 acres <br />Office of therSfate Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />http://water.state.co.us <br />