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Cheryl Signs, P.E. <br />4Cheryl Signs Engineering <br />109 East Fourth Avenue <br />Denver, CO 80203 <br />Re: Heintzelman Pit o. 116, Substitute Water Supply Plan (WDID 0502525) <br />DRMS File NoYM-2009-018 (0503010) <br />Section 32, T3N, R67W of the 6 P.M. <br />Water Division 1, Water Districts 5, Weld County <br />Approval Period: July 1, 2011 through June 30, 2013 <br />Contact Phone Number for Ms. Cheryl Signs: 303 - 778 -7653 <br />Dear Ms. Signs: <br />a■ <br />DEPARTMENT OF NATURAL RESOURCES 514/SP <br />mac <br />DIVISION OF WATER RESOURCES <br />August 26, 2011 <br />Division of Reclamation <br />This letter is in response to your application of June 30, 2011 requesting a substituttliwlate sgt y <br />plan ( "SWSP ") for a sand and gravel pit to be operated by Varra Companies, Inc. ( "VCI" or Applicant ") in <br />accordance with § 37 -90- 137(11), C.R.S. The Applicant shall be responsible for compliance with this <br />SWSP, but the State Engineer's Office may also pursue the landowner, for eventual compliance. The <br />required fee of $1,593 for the SWSP has been paid. <br />SWSP Operations <br />The Heintzelman Pit is located in the E 1/2 of the E 1/2, Section 32, Township 3 North, Range <br />67 West of the 6 P.M. This SWSP seeks to replace depletions resulting from the mining at the <br />Heintzelman Pit No. 116. The depletions that result from the mining operation over the.first two years <br />of existence include evaporation from exposed ground water, dust suppression, dewatering and water <br />lost with the mined product. Because the pit is located on historically irrigated land, historical return <br />flow obligations will also need to be accounted for in this SWSP. The proposed replacement of <br />depletions and maintenance of return flows will come from a combination of either direct replacement <br />or storage in 112 Reservoir (WDID 0504001), Dakolios Reservoirs (WDID 0504003) and Von Ohlen <br />Reservoir (WDID 0504002) of; 1) four shares of the Last Chance Ditch, 2) 4 shares of the Rural Ditch, <br />and 3) junior water rights decreed in case no. 2001 CW274. To the extent possible, return flow <br />obligations from the direct replacement or storage will be replaced by credits from Hayseed Ditch as <br />decreed in case no. 1990CW174. <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. <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 -866 -3581 • Fax: 303 - 866 -3589 <br />www.water.state.co.us <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />RECEIVED <br />AUG302011 <br />