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1 <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />Jared Dains, E.I. <br />Applegate Group, Inc. <br />1490 West 121 Avenue, Suite 100 <br />Denver, CO 80234 -2759 <br />November 6, 2012 <br />RE: Schmidt Construc ' n Fountain Pit, Substitute Water SuppIL lan <br />DRMS Permit No. -1982 -155 ^~ <br />Approval Period: December 1, 2012 — November 30, 2013 <br />Contact Phone Number for Mr. Jared Dains: 303 - 452 -6611 <br />Dear Mr. Dains, <br />Section 13, T16S, R66W, 6 PM <br />Water Division 2, Water District 10 <br />SWSP ID 5242 <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />RECEIVED <br />`iQV072012 <br />Division of Reclamation <br />Mining & Safety <br />We have reviewed your August 22, 2012 letter requesting the renewal of the substitute <br />water supply plan ( "SWSP ") in accordance with 37 -90- 137(11) C.R.S. for a sand and gravel pit <br />operated by Schmidt Construction Company ( "Schmidt" or "Applicant "). The most recent SWSP <br />approval letter was dated May 21, 2012. The mine is permitted with the Division of Reclamation, <br />Mining, and Safety under File No. M -82 -155. The required renewal fee of $257.00 for the plan <br />year has been paid under receipt number 3656737. <br />PLAN OPERATION <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 />fr <br />The Fountain Pit site is located in Section 13, Township 16 South, Range 66 West in El <br />Paso County. The site will be mined above the water table, and the material will not be washed. <br />According to your submission, the only exposed water surface at the site will be a small storage <br />pond (0.5 acre) that will be supplied with water from an offsite source, which is an existing sump <br />with well permit no. 59834 -F (WDID 1005198). Well permit no. 59834 -F lies directly adjacent to <br />Rock Creek to approximately % quarter of a mile upstream of the confluence of Rock Creek and <br />Little Fountain Creek. A pipeline has been constructed to allow for water to be pumped from the <br />existing sump to the mine site. Depletions from pumping of water from the sump will accrue to <br />Rock Creek. Consumptive use of groundwater for the mining operation includes water used for <br />dust control and evaporation from the storage pond. Replacement water will be provided by <br />Fountain Mutual Irrigation Company ( "FMIC ") shares owned by Schmidt. <br />Note, that under Section § 37 -90- 137(11), C.R.S., the State Engineer may approve <br />SWSPs to replace depletions in connection with the extraction of sand and gravel by open <br />mining as defined in Section 34 -32- 103(9), C.R.S., when such mining operation exposes ground <br />water to the atmosphere. Your SWSP request for the Fountain Pit is for an operation that will <br />not expose water during the plan period and has not exposed water during any of the previous <br />SWSP approvals. In addition the water exposed in the storage pond is not the result of open <br />mining operation. Therefore, although this SWSP has been approved under Section § 37 -90- <br />