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,�v <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />Mr. Jared Dains, P.E. <br />Applegate Group, Inc. <br />1490 West 121 th Ave., Suite 100 <br />Denver, Colorado 80234 -2728 <br />February 27, 2015 <br />Re: vEast Rigden Pit Substitute Water Supply Plan (WDID 0302570) <br />DRMS Permit No. M- 1979 -097 (WDID 0303021) <br />Section 28, T7N, R68W, 6th P.M. <br />Water Division 1, Water District 3, Larimer County <br />Approval Period: March 1, 2015 through February 29, 2016 <br />Contact Phone Number for Mr. Dains: 303 - 452 -6611 <br />Dear Mr. Dains: <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />RECEIVED <br />t4AR 0420;0 <br />DIVISION OF RECLAMATION <br />MINING AND SAFETY <br />We have reviewed your letter dated December 26, 2014 requesting approval of a substitute <br />water supply plan ( "SWSP ") on behalf of City of Fort Collins ( "Applicant" or "City ") in accordance <br />with 5 37 -90- 137(11), C.R.S., to cover depletions caused by an existing gravel pit operation known as <br />the East Rigden Pit. This site was previously covered under the Lafarge's Middle Poudre combined <br />SWSP; however a separate SWSP was obtained for the site in 2006. The required renewal fee of $257 <br />(receipt no. 3667792) has been received. <br />SWSP Operation <br />The East Rigden Pit (WDID 0303021) is a gravel pit operation located in Sections 21, 27 and 28, <br />Township 7 North, Range 68 West of the 6th P.M., in Larimer County. The City has recently acquired a <br />portion of the East Rigden Pit, as shown on the attached Figure 1 ( "Fort Collins Parcel ") and is in the <br />process of amending the mining permit with the Division of Reclamation Mining and Safety ( "DRMS ") to <br />authorize a lined reservoir as a post- reclamation land use. The Applicant anticipates submitting an <br />amendment application to the DRMS in early 2015. Construction of a compacted clay liner around the <br />Fort Collins Parcel was completed in September 2014. A 90 -day leak test was commenced in early <br />February 2015 and is anticipated to be completed in early May 2015. Work on the reservoir is expected <br />to be substantially complete by April 2015. <br />Depletions <br />Depletions at the East Rigden Pit will consist of water used for dust control purposes during <br />this plan period, and lagged depletions due to past mining and dewatering operations at the site. <br />All 25 acres of ground water exposed at the East Ridden Pit has been documented as having <br />been exposed at the site prior to January 1, 1981. Pursuant to S 37- 90- 137(11)(b), C.R.S. and <br />2009CW49, a gravel pit operator or property owner does not need to replace depletions that occur <br />due to evaporation from ground water exposed prior to January 1, 1981 ( "pre -81 ") as a result of <br />open mining of sand and gravel, regardless of whether mining continued after December 31, 1980 <br />( "post -80 "). The physical location of the East Rigden Pit's pre -81 areas has previously been <br />identified, as shown on the attached Figure 1, and may not be re- allocated to other areas of ground <br />water exposure within the gravel pit boundary. Any pre -81 area that is backfilled will lose the pre -81 <br />exemption should it be excavated in the future. Additionally, the backfilling of a pre -81 area shall <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 />