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�NIR <br />CO <br />June 4, 2014 <br />COLORADO <br />Division of Water Resources <br />Department of Natural Re.SOUTCeS <br />1313 Sherman Street, Room 821 <br />Denver, CO 80203 <br />Brock F. Bowles, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 RECEIVED <br />Denver, Colorado 80203 <br />Re: North Thompson Creek Mine (Permit No. C- 1981 -025) JUN 0 4 2014 <br />Technical Revision Application No. 28 Division of Reclamation, <br />Mining & Safety <br />Dear Mr. Jason: <br />The Division of Water Resources has reviewed the North Thompson Creek Mine (Permit <br />No. C- 1981 -025) Technical Revision Application. The applicant proposes to modify the primary <br />and emergency spillways for detention /sediment Pond 9, as they are not currently in proper <br />working order. The coal mining operation is located approximately 10 miles southwest of <br />Carbondale in Pitkin County. The State Engineers Office (SEO) offers the following comments <br />on this project: <br />Please note that the site is within an over appropriated stream basin. All surface and <br />ground water diversions in over appropriated areas must be made in priority or must be fully <br />augmented so as to not cause injury to senior water rights. <br />Additionally, if storm water is not diverted or captured in priority, Colorado water law <br />requires it be released, or replacement for evaporation will be required of the operator /owner of <br />the site. The State Engineer's current policy requires that all impounded water be released to <br />the stream system within a maximum of 72 hours after impoundment. Unless captured in <br />priority, impounded water may not be used for any purpose except as approved under a <br />substitute water supply plan or a decreed plan for augmentation. Additionally, If the construction <br />of any ponds /pits exposes ground water, the pond /pit must be backfilled immediately until a well <br />permit issued pursuant to CRS 37 -90- 137(2), allowing the exposure of ground water in a <br />pond /pit, is obtained from the State Engineer. <br />From my review of this site, it appears that several of the well permit types referenced <br />below are applicable to this site. Please note that the dewatering operations if used for any <br />beneficial use will require non - exempt permits. Also, if any wells have been completed without <br />a valid MH Notice or well permit, the applicant will need to take immediate action to either plug <br />and abandon or permit the wells through the SEO. <br />The following is general information regarding well permitting. All wells that are being <br />used with the intent of accessing ground water ( "water wells "), including wells used for the <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.2223 www.water.state.CO.us <br />i ". <br />e/ Vii, ,7 <br />476 `' <br />