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Andy Rodriguez, P.E. <br />doCivil Resources, LLC <br />P.O. Box 680 <br />Frederick, CO 80530 <br />Dear Mr. Rodriguez: <br />Plan Operation <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />September 26, 2011 <br />Re: Bernhardt Pit, Substitute Water Supply Plan (WDID (y02528) <br />Division of Reclamation Mining and Safety File No. 2002 -120 <br />Sections 1 and 12, T4N, R67W, 6 P.M., Weld County <br />Water Division 1, Water District 2 and 4 <br />Approval Period: January 1, 2011 through December 31, 2011 <br />Contact phone number for Mr. Andy Rodriguez: 303 - 833 -1416 <br />Div i � a Rey; atio: <br />We have received your letter dated March 7, 2011, requesting renewal of the above referenced <br />substitute water supply plan to cover depletions caused by an existing gravel mining operation operated <br />by Hall -Irwin ( "Applicant "). The required fee of $257.00 for the renewal of this substitute water supply <br />plan ( "SWSP ") has been submitted (receipt no. 3643715). The original supply plan was approved <br />January 14, 2004 and the plan was most recently renewed on February 22, 2010. <br />This plan seeks to replace depletions resulting from mining operations at the Bernhardt pit. The <br />depletions that result from the mining operation during this SWSP period are evaporation, concrete <br />batching and dust suppression. The proposed replacement source is excess augmentation credits <br />leased from the Town of Milliken ( "Milliken "). The leased water is excess augmentation credits from <br />Milliken's decree, associated with consolidated case nos. 2002CW339 and 2005CW59. <br />The mining site has been Tined with a bentonite slurry wall. That liner has not yet been <br />approved by the Division Engineer therefore the depletions calculated for this plan assumes that the <br />liner does not exist. <br />An alluvial well has been constructed to provide water for concrete batching. This well was <br />constructed under permit no. 60729 -F (WDID 0405678) and is located outside the boundaries of the <br />existing slurry wall. The water withdrawn from the alluvial well is considered 100% consumptive. <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 />ees <br /><P26MO1 <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 />