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Andy Rodriguez, P.E. V Civil Resources, LLC P.O. Box 680 Frederick, CO 80530 DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES February 2, 2012 Re: Bernhardt Substitute Water Supply Plan (WDID 0402528) Bernhardt Pit, DRMS Permit No!* -2002 -120 (WDID 0403007) Section 1, T4N, R67W, 6 P.M., Weld County Water Division 1, Water Districts 2 and 4 Approval Period: January 1, 2012 through December 31, 2012 Contact phone number for Mr. Andy Rodriguez: 303 - 833 -1416 dr SWAP John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director /State Engineer Dear Mr. Rodriguez: We have received your letter dated October 17, 2011, as amended on December 6, 2011, requesting renewal of the above referenced substitute water supply plan to cover depletions caused by an existing gravel mining operation operated by Hall -Irwin ( "Applicant "). The required fee of $257.00 for the renewal of this substitute water supply plan ( "SWSP ") has been submitted (receipt no. 3652748). The original supply plan was approved January 14, 2004 and the plan was most recently renewed on September 26, 2011. Plan Operation This plan seeks to replace depletions resulting from mining operations at the Bernhardt pit. The depletions that result from the mining operation during this SWSP period are evaporation, concrete batching and dust suppression. The proposed replacement source is excess augmentation credits leased from the Town of Milliken ( "Milliken "). The leased water is excess augmentation credits from Milliken's decree, associated with consolidated case nos. 2002CW339 and 2005CW59. An alluvial well has been constructed to provide water for concrete batching. This well was constructed under permit no. 60729 -F (WDID 0405678) and is located outside the boundaries of the existing slurry wall. The water withdrawn from the alluvial well is considered 100% consumptive. The southwest portion of the mining site has been lined with a bentonite slurry wall that was approved on December 9, 2009 by the Division of Water Resources to operate as a reservoir. Water shall not be impounded in the reservoir except pursuant to lawful diversions allowed by statute or decree. At all other times, all inflow of water into the reservoir from any source, including precipitation and ground water inflows, shall be removed by the applicant. The water may be removed from within the lined area and returned to the stream system through surface flow or ground water recharge without need for replacement, so long as the operator does not put the water to beneficial use. You have indicated that a bond has been obtained for $1,053,118.61 through the Division of Reclamation, Mining, and Safety ( "DRMS ") to assure that depletions from groundwater evaporation do not occur in the unforeseen event, or events, which would lead to the abandonment of tREC EIVED 43 02 2012 Division of Reclamation, Office of th r State Engineer Mining & Safety 1313 Sherman Street, Suite 818 • Deriver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 www.water.state.co.us