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4 <br />DEPARTMENT OF NATURAL RESOURCES <br />0\ I DIVISION OF WATER RESOURCES <br />Mr. Jared Dains, E.I. <br />At) Applegate Group, Inc. <br />1499 West 120 Avenue, Suite 200 <br />Denver, Colorado 80234 -2759 <br />RE: Feit $ubstitute ter Supply Plan (WDID 0302580) <br />Feit Pit, DRMS -1977-522 (WDID- 0303000) <br />Section 26, T6N, R66W, 6th P.M. <br />Water Division 1, Water District 3, Weld County <br />November 20, 2012 <br />Approval Period: November 1, 2012 through October 31, 2013 <br />Contact Phone Number for Mr. Dains: 303 - 452 -6611 <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />RECEIVED <br />NOV 2 0 2012 <br />Division of Reclamation, <br />Mining & Safety <br />Dear Mr. Dains: <br />We have reviewed your letter of September 18, 2012 requesting renewal of the above <br />referenced substitute water supply plan ( "SWSP ") for an existing sand and gravel operation. The <br />required fee of $257.00 for the renewal of this SWSP has been submitted (receipt no. 3657091). <br />The original SWSP was approved on August 8, 2000 and it was most recently approved in a letter <br />dated November 16, 2011. <br />SWSP Operations <br />The total surface area of the ground water exposed at the Feit Pit site equals 40.2 acres <br />(26.4 acres at the West Pit and 13.8 acres at the East Pit). According to the information <br />submitted, 34.1 acres of ground water was exposed after December 31, 1980 and 6.1 acres of <br />ground water was exposed within the reclamation permit boundary prior to January 1, 1981. <br />Dewatering at the site has not occurred from Water Year ( "WY ") 2009 to present and the Feit Pit <br />will not be dewatered during WY 2013. For the term of this SWSP, your letter indicates that <br />depletions at the Feit Pit site will be replaced by augmentation water leased from the City of <br />Aurora and the Graham Drainage Ditch Company. <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 required <br />that you provide information to DRMS to demonstrate you can replace long term injurious stream <br />depletions that result from mining related exposure of ground water. This information was <br />required to be submitted by April 30, 2011. Previous SWSP renewal request stated that the <br />operator may pursue increased bonds to come into compliance. To date no action has been <br />done on the operator's part to bring this site into compliance. To allow replacements to be <br />made while the operator comes into compliance with DRMS requirements this SWSP will <br />be renewed for WY 2013. The operator shall not expand the exposed surface area of <br />groundwater under this SWSP until the site has been brought into compliance with DRMS <br />requirements. Additionally, at the time this SWSP expires, if there is no progress made <br />Office of the State Engineer T <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 <br />www.water.state.co.us <br />