2014-04-21_REVISION - C1996083 (2)

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DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES April 21, 2014 Susan L. Burgmaier, Environmental Protection Specialist Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: Bowie No. 2 Mine (Permit No. C- 1996 -083) Permit Revision Application No. 14 Dear Mrs. Burgmaier: John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director /State Engineer APR ?� 1 2014 Division of Reclamation, Mining & Safety The Division of Water Resources has reviewed the Bowie No. 2 Mine Permit Revision Application. The applicant proposes to incorporate the Spruce Stomp Federal Coal Lease into the permit area. The total proposed permit area will be increased by 1,790 acres, with land overlying mine workings to increase by 1,356 acres. Mining activities are expected to result in underground dewatering activities and extension of mine ventilation and support systems. The mining operation is located approximately 5 miles northeast of Paonia in Delta County. The State Engineers Office (SEO) offers the following comments on this project: Please note that the site is located within an over appropriated stream basin. All surface and ground water diversions in over appropriated areas must be made in priority or must be fully augmented so as to not cause injury to senior water rights. Our records indicated that the site operates pursuant to water rights and plan for augmentation decreed in Water Court Decree Case No. 02CW0077. Additionally, if storm water is not diverted or captured in priority, Colorado water law requires it be released, or replacement for evaporation will be required of the operator /owner of the site. The State Engineer's current policy requires that all impounded water be released to the stream system within a maximum of 72 hours after impoundment. Unless captured in priority, impounded water may not be used for any purpose except as approved under a substitute water supply plan or a decreed plan for augmentation. Additionally, If the construction of any ponds /pits exposes ground water, the pond /pit must be backfilled immediately until a well permit issued pursuant to CRS 37 -90- 137(2), allowing the exposure of ground water in a pond /pit, is obtained from the State Engineer. From my review of this site, it appears that several of the well permit types referenced below may be applicable to this site. Please note that the dewatering operations if used for any beneficial use will require non - exempt permits. Also, if any wells have been completed without Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 http: / /water.state.Co.us