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s E DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES Mr. Pete Foster ,AVVright Water Engineers, Inc. 1666 N. Main Ave., Ste C Durango, CO 81602 October 21, 2013 John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director /State Engineer Re: Substitute Water upply Plan for Four Corners Materials- Simmons Pit - DRMS File No. 2009 -24 Section 31, T36N, R13W, N.M.P.M. Water Division 7, Water District 34 RECEIVED Approval Period: August 25, 2013 — August 24, 2014 '-0_6 X013 Contact Phone Number for Mr. Peter Foster: 970 - 259 -7411 DMSION OF RECLAMATION Dear Mr. Foster: MINING AND SAFETY We have reviewed your June 24, 2013 letter request for a substitute water supply plan ( "SWSP ") pursuant to C.R.S. § 37 -92- 308(5) to be operated by Oldcastle SW Group, Inc., dba Four Corners Materials ( "FCM ") on land located 2 miles west of Mancos. Notice was sent to all parties who have subscribed to the SWSP notification list for Water Division 7. That notice was sent on June 24, 2013 and the State Engineer's Office ( "SEO ") did not receive any comments during the statutory 35 -day comment period. The $300 filing fee has been received (receipt no. 3660733). An application for approval of a plan for augmentation has not been filed with the water court and the depletions associated with the proposed water uses will not exceed five years, therefore this request has been submitted pursuant to § 37 -92- 308(5), C.R.S. In accordance with § 37 -92- 308(5), C.R.S., SWSPs may be approved for new water use plans involving out -of- priority diversions, if no application for approval of a plan for augmentation has been filed with the water court for a water use plan and the depletions associated with such water use plan will be for a limited duration not to exceed five years. Plan of Operation This SWSP is for a dry mining operation in Montezuma County and located on the Simmons property. The gravel facility is a proposed dry mining operation with water needs for dust suppression only. During stripping operations at the Simmons Pit approximately 1,100 gallons of water per day is needed for dust suppression on the road and pit. To allow flexibility and provide a conservative estimate, the measured dust suppression water used in 2012 was increased by 10% for 2013 which results in a total 0.51 acre -feet per year (Table 1). Consumptive use credits from a change to the Carpenter and Mitchell Ditch will be diverted into an onsite stock pond. The ditch credits will provide the water necessary for material washing and settling. The estimated mine life is approximately 5 years. "Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 ww. w. water. state.co.us