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Page 3 of 5 <br />mudstone, and siltstone between the Red Arrow seam, two lower coal seams, and the bottom of <br />the drill hole. The hole was finished using 6 inch diameter PVC from the surface to 30 feet, with <br />4 inch diameter PVC from 0 to 520 feet. The drilling report reported water was encountered at 30 <br />feet from the surface, at 90 feet, 99 feet, and 126.5 feet from the surface during the drilling of this <br />hole. No water bearing zones were encountered below the mudstone encountered at 126.5 to 132 <br />feet. This hole was not finished as a water monitoring well with a screened interval steel casing. <br />At this time, the Division does not know if it remains intact all the way to 520 feet <br />(approximately 50 feet below the Southfield mine workings in this location), or if this hole has <br />experienced failure or blockage. There has been no abandonment report submitted by EFCI for <br />this well, so the Division is not aware that it has been sealed in accordance with the reclamation <br />plan at this time. <br />7. If Newlin Creek is going underground as we think it is on our property, MWNW would help <br />determine if this is the case. <br />DRMS response: The Division has previously responded to this concern. The Division does not <br />believe that Newlin Creek is flowing into the Southfield Mine workings, as discussed in the <br />Division's memo dated June 3, 2013, from Mr. Mike Boulay to Mr. Daniel Hernandez, sent to the <br />Vento Trust on June 14, 2013. DRMS concluded in the June 3, 2013 memo that, "There is no <br />evidence that Southfield Mine has impacted the quality or quantity of water available as <br />streamflow in Newlin Creek." The Division does not believe that MWNW would assist in <br />providing any additional information regarding this concern. <br />The property owner has contacted the Colorado Division of Water Resources to determine <br />if MWNW has ever been permitted by them as a monitoring well in accordance with Rule <br />2.03.10. This has been turned over to Dale Baker, field investigator for the Colorado Division of <br />Water Resources. I have corresponded with Steve Witte and Janet Garoutte. A copy of the <br />email's was posted on the DRMC's website. The only permit that EFCI requested (12508 -AD <br />7/22/1991 was denied. <br />If the Division of Reclamation, Mining and Safety decides that EFCI no longer needs to monitor <br />MWNW, I would like to have this issue heard by the Board. <br />DRMS response: In accordance with Rule 2.08.4(6)(b)(111), the Vento Trust will have an <br />opportunity to object to the Division's proposed decision should the Division propose to approve <br />TR40. <br />MW23 does not monitor the ground water which is located at 400 -450 feet based on wells <br />recently drilled nearby as required by all the DRMS regulations for water quantity and quality. <br />DRMS response: The Division is unsure of what wells Ms. Saunders is referring to. Ms. <br />Saunders does not provide any indication of what "wells recently drilled nearby" refers to. As the <br />Division has previously informed the Vento Trust Group, the Southfield mine and Canon Coal <br />district overlies a geologic syncline. As such, the geologic bedding planes and coal seams dip <br />significantly generally to the Northwest on the east side of the synclinal axis. There are no <br />identified aquifers in the structural area. <br />Please refer to the Division's June 3, 2013 memo for detailed discussion of the hydro - geology of <br />the Southfield mine site. <br />10. Your August 21, 2013 objection states that water is found at wells located further to the north and <br />