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Dear Mr. Williams: <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />January 7, 2013 <br />r. Todd Williams, P.E. <br />Williams and Weiss Consulting, LLC <br />5255 Ronald Reagan Boulevard, Ste. 220 <br />Johnstown, CO 80534 <br />RE: Kauffman No. 1 Substitute Water Supply Plan (WDID 0402530) <br />Kauffman No. 1 Pit, DRMS No. 1978 -327 (WDID 0403009) <br />E %, Section 20, T5N, R68W, 6th P.M. <br />Water Division 1, Water District 4, Larimer County <br />Approval Period: January 1, 2013 through December 31, 2013 <br />Contact Phone Number for Mr. Todd Williams: 303 - 653 -3940 <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />, -Ji),N 08 2013 <br />DIVISION OF RECLAMATION <br />MINING AND SAFETY <br />We have reviewed your letter of November 14, 2012 requesting renewal of the above <br />referenced substitute water supply plan for a sand and gravel pit. The required fee of $257.00 for the <br />renewal of this substitute water supply plan has been submitted (receipt number 3657786). The <br />original substitute water supply plan was approved on April 6, 1992 and it was most recently approved <br />on December 19, 2011. <br />SWSP Operations <br />The mine is located in Larimer County in the NE 1/4 of Section 20, Township 5 North, Range <br />68 West of the 6 P.M., and has well permit no. 42901 -F. According to your letter, there will be no <br />aggregate production at the Kauffman #1 Pit during the term of this plan. Additionally, during 2012 <br />all groundwater exposed to the atmosphere after December 31, 1980 have been backfilled so that <br />there is no new evaporative depletions associated with the 2013 plan. The only consumptive uses <br />at this site will be from dust control use. The replacement water will be supplied by a lease with the <br />City of Loveland. <br />In accordance with the letter dated April 30, 2010 (copy attached) from the Colorado Division <br />of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel mining operators must comply <br />with the requirements of the Colorado Reclamation Act and the Mineral Rules and Regulations for <br />the protection of water resources. The April 30, 2010 letter from DRMS requires that you provide <br />information to DRMS to demonstrate you can replace long term injurious stream depletions that <br />result from mining related exposure of ground water. Since the operator has backfilled the site so <br />that only pre -81 groundwater areas remain, there are no long terms injurious stream depletions from <br />mining related exposure of groundwater. <br />Depletions <br />Pursuant to § 37- 90- 137(11)(b), C.R.S. and 09CW49, a gravel pit operator or property owner <br />does not need to replace depletions that occur due to evaporation from ground water exposed prior to <br />January 1, 1981 as a result of open mining of sand and gravel, regardless of whether mining continued <br />after December 31, 1980. Previous SWSP have recognized that 36.2 acres of water surface was <br />exposed prior to January 1, 1981 ("pre-81"). Due to the backfilling of all areas in excess of 36.2 acres <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 />eC <br />