2011-08-23_PERMIT FILE - M2009024

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Mr. Pete Foster Wright Water Engineers, Inc. 1666 N. Main Ave., Ste C Durango, CO 81602 Dear Mr. Foster: Plan of Operation DEPARTMENT OF NATURAL RESOURCES 149 Og DIVISION OF WATER RESOURCES August 22, 2011 Re: Substitute Water Supply Plan for Four Corners Materials- Simmons Pit DRMS File No. M- 2009 -24 Section 31, T36N, R13W, N.M.P.M. Water Division 7, Water District 34 Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303- 866 -3581 • Fax: 303 - 866 -3589 www.water.state.co.us John W. Hickenlooper Govemor Mike King Executive Director Dick Wolfe, P.E. Director /State Engineer Approval Period: August 25, 2011 — August 24, 2012 RECEIVEC Contact Phone Number for Mr. Peter Foster. 970 - 259 -7411 AUG 232011 Division of Reclamation, We have reviewed your June 23, 2011 letter request for a substitute water Vi'.113ic'ty ( "SWSP ") pursuant to C.R.S. § 37 -92- 308(5) to be operated by Oldcastle SW Group, Inc., dba Four Corners Materials ( "FCM ") on land located 2 miles west of Mancos. Notice was sent to all parties who have subscribed to the SWSP notification list for Water Division 7. That notice was sent on June 23, 2011 and the State Engineer's Office ( "SEO ") did not receive any comments during the statutory 30 -day comment period. The $300 filing fee has been received (receipt no. 3651218). An application for approval of a plan for augmentation has not been filed with the water court and the depletions associated with the proposed water uses will not exceed five years, therefore this request has been submitted pursuant to § 37 -92- 308(5), C.R.S. In accordance with § 37 -92- 308(5), C.R.S., SWSPs may be approved for new water use plans involving out -of- priority diversions, if no application for approval of a plan for augmentation has been filed with the water . court for a water use plan and the depletions associated with such water use plan will be for a limited duration not to exceed five years. This SWSP is for a gravel mine and concrete batch plant in Montezuma County and located on the Simmons property. The gravel faciFity is a proposed dry mining operation with water needs for periodic material washing only. FCM estimates washing of 120,000 tons of material over 3 months, or 40,000 tons per month. The washing facility is a mobile facility and will be brought on the site intermittently to wash material. Consumptive use credits from a change•to the Carpenter and Mitchell Ditch will be diverted into two ponds with a total surface area of 0.22 acres. The ditch credits will provide the water necessary for material washing and settling. It is anticipated that completion of mining will be in approximately 10 years.