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DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />P. Scott Pelino <br />Pelino Excavation, Inc. <br />P.O. Box 5049 <br />Buena Vista, CO 81211 <br />January 8, 2013 <br />RE: Jesse Lee Pit, Sqbstitute Water Suft/ply Plan <br />DRMS File NoAVI -84 -043 <br />SE' /4 of Section 28 and NE' /o of Section 33, T14S, R78W <br />Water Division 2, Water District 11 <br />Approval Period: November 1, 2012 through October 31, 2013 <br />Contact Phone Number for Mr. Scott Pelino: 719- 395 -2093 <br />Dear Mr. Pelino: <br />John W. Hickenloopei <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />RECOVED <br />AN 0 a 2013 <br />DIVISION OF RECLAMATION <br />MININGAND SAFETY <br />This letter is in response to the application submitted November 1, 2012 and the <br />additional information received on November 20, 2012 and December 18, 2012 requesting <br />renewal of the substitute water supply plan ( "SWSP ") for Jesse Lee Pit, operated by Pelino <br />Excavation, Inc. ( "Pelino" or "Applicant ") in accordance with Section §37 -90- 137(11), C.R.S. The <br />applicant shall be responsible for compliance with this plan, but the State Engineer's Office may <br />also pursue the landowner for eventual compliance. The required fee of $257 for the substitute <br />water supply plan has been paid (receipt no. 3657639). <br />Plan Operation <br />This plan seeks to replace depletions resulting from mining at the Jesse Lee Pit. Jesse <br />Lee Pit is located approximately 2 miles south of Buena Vista, on the west bank of the Arkansas <br />River, more specifically in the SE1 /4 of Section 33, Township 14 South, Range 78 West of the <br />6th P.M. Mining at Jesse Lee Pit began in January 2007 and will continue for approximately 9 <br />years. The depletions that results from the mining operation are evaporation, water lost in mined <br />product, and dust suppression. During the period of this SWSP Pelino does not anticipate <br />exposing any additional ground water than what is currently exposed at the site and does not <br />anticipate mining below the water table and therefore will not be dewatering the site. Well permit <br />no. 67860 -F was obtained for the current use and exposed pond surface area of the gravel pit in <br />accordance with §37 -90- 137(2) and (11), C.R.S. No ground water was exposed within the permit <br />boundary prior to January 1, 1981. No phreatophyte credit has been applied to this plan. The <br />replacement water for this pit will be provided by a lease with Upper Arkansas Water <br />Conservation District. <br />In accordance with the letter dated April 30, 2010 (copy attached) from the <br />Colorado Division of Reclamation, Mining, and Safety ( "DRMS "), all sand and gravel <br />mining operators must comply with the requirements of the Colorado Reclamation Act <br />and the Mineral Rules and Regulations for the protection of water resources. The April <br />30, 2010 letter from DRMS requires that you provide information to DRMS to demonstrate <br />you can replace long term injurious stream depletions that result from mining related <br />exposure of ground water. <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 />