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Mr. Peter R. Foster, P.E. <br />)6, Wright Water Engineers, Inc. <br />1666 N. Main Avenue, Suite C <br />Durango, Colorado 81301 <br />Dear Mr. Foster: <br />SWSP OPERATIONS <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />December 6, 2012 <br />Approval Period: October 1, 2011 through September 30, 2013 <br />Contact Phone Number for Mr. Peter Foster. 970 - 259 -7411 <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />REC EIVED irector /State Engineer <br />DEC 072012 <br />Division of Reclamation, <br />s Mining & Safety <br />RE: Colona Gravel P, Substitute Water Supply Plan <br />DRMS File No.r 94 -005 <br />SE' /4 Section 36, T48N, R9W, and NEY4 Section 1, T47N, R9W, New Mexico P.M. <br />Water Division 4, Water District 41, Montrose County <br />We have received your letter of July 29, 2011 requesting a renewal of the substitute water <br />supply plan (SWSP) for United Companies' ( "Applicant ") Colona Gravel Pit Operation in accordance <br />with § 37 -90- 137(11), C.R.S., for the period October 1, 2011 through September 30, 2012. In addition, <br />we have received your letters of August 9, 2012 and October 23, 2012 requesting an extension of the <br />plan renewal through September 30, 2013. The applicant shall be responsible for compliance with this <br />plan, but the State Engineer's Office ( "SEO ") may also pursue the landowner for eventual compliance. <br />The required fee of $257 for the renewal of this SWSP has been submitted (receipt no. 3651876). <br />The Colona Gravel Pit Operation consists of a gravel mine that will be reclaimed as an unlined <br />pond. Currently there are 6.8 acres of exposed ground water at the site, which is expected to remain <br />unchanged during this plan period. Aggregate production at the site is estimated at 10,000 tons per <br />month from October to March, or 60,000 tons total, for Year 1 of this plan period, and 5,000 tons per <br />month from October to March, or 30,000 tons total, for Year 2. Product below the ground water table <br />will be removed via "wet mining" techniques; thus, dewatering of the pit will not occur and is not <br />approved herein. <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. In accordance with approach no. 1, you <br />have indicated that a bond has been obtained for $165,351.00 through the Division of <br />Reclamation, Mining, and Safety ( "DRMS "). Additionally, in accordance with approach no. 4, <br />you have provided an affidavit dated May 23, 2011 that dedicates 1.0 share of Ouray Ditch water <br />as replacement water solely for this SWSP and for as long as there are depletions at this gravel <br />pit site or until such time as another replacement source is obtained. A copy of the affidavit is <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 />