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Ms. Kimberly K. Frick <br />Clear Water Solutions, Inc. <br />8010 S. County Road 5, Suite 105 <br />Windsor, Co 80528 <br />Dear Ms. Frick: <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />October 18, 2011 <br />Re: Derr Pit, Subst Water Supply Plan (WDID 0302547) <br />DRMS File No.W -2008 -017 (WDID 0303035) <br />Section 4, T5N, R65W of the 6 P.M. <br />Water Division 1, Water District 3 <br />Approval Period: June 20, 2011 through December 31, 2011 (or <br />subject to condition no. 1) <br />Contact Phone Number for Ms. Frick: 970 - 223 -3706 <br />SU5P <br />T 1 0 2011 <br />(Division of Reclamation <br />DecembliF201otY <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 />This letter is in response to your application of June 20, 2011 on behalf of Broken Arrow <br />Investments, LLC ( "Broken Arrow" or "Applicant ") requesting to amend the substitute water supply <br />plan ( "SWSP ") for a sand and gravel pit operated by Applicant in accordance with § 37 -90- <br />137(11), C.R.S. The request also sought to extend the expiration date through December 31, <br />2012 to be consistent with lease period for the City of Greeley effluent. The Applicant shall be <br />responsible for compliance with this SWSP. The required fee of $257 for the SWSP has been <br />paid (receipt no. 3650869). <br />The previous SWSP approval for the Derr Pit was approved for the period of October 1, <br />2010 through December 31, 2011 (or September 30, 2012 if extended pursuant to condition no. 1 <br />of the SWSP). This SWSP amends and supersedes the prior approval for the period beginning <br />June 20, 2011. <br />SWSP Operations <br />This SWSP seeks to replace depletions resulting from mining at the Derr Pit. The Derr <br />Pit is located in the SW1 /4 of the NE1 /4 and the SE1 /4 of the NE1 /4 of Section 4, Township 5 <br />North, Range 65 West of the 6 P. M. in Weld County. Broken Arrow plans to mine the Derr Pit <br />for the next 15 to 18 years in phases. The dry mining of Phase 1 began in early 2010. During <br />Phase 1 no dewatering occurred since all mining occurred above the groundwater table. As <br />part of Phase 2 the operator plans to begin dewatering of the site. In order to facility <br />dewatering a 2,007 foot long and 5 feet wide dewatering trench will be constructed along with a <br />0.52 acre dewatering pond. <br />Depletions that result from the proposed dry- mining operation during Phase 2 include <br />evaporation, dust control, and water lost in the mined product. The source of replacement water <br />is fully consumable effluent leased from the City of Greeley. <br />