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Summary
<br />The Review Process
<br />Bowie Resources, LLC, (BRL) submitted an application for PR -14 on March 12, 2014. The
<br />revision application requested inclusion of the Spruce Stomp Lease area (COC- 75916) in the
<br />permit area, and approval of the associated mine plan to add eight additional longwall panels.
<br />The Division transmitted adequacy comments on the application to BRL on May 20, 2014, May
<br />29, 2014, August 20, 2014, September 9, 2014, September 11, 2014, September 29, 2014,
<br />October 6, 2014, and October 10, 2014. BRL responded to the Division's adequacy concerns
<br />and provided revised application materials on July 11, 2014 and September 2, 2014, September
<br />12, 2014, September 16, 2014, September 25, 2014, October 3, 2014, and October 10, 2014.
<br />Comments on the application were received from the Terror Ditch and Reservoir Company, U.S.
<br />Army Corps of Engineers, Colorado Division of Water Resources, and History Colorado. A
<br />summary of the comments received and the Division's response to those comments follows:
<br />• Terror Ditch and Reservoir Company (TDRC), via email and telephone: TDRC expressed
<br />concern with potential damage to water rights, particularly BRL's ability to augment water in
<br />a timely fashion, should subsidence result in an interruption of flow in the West Fork of
<br />Terror Creek. BRL has applied for approval of an augmentation plan to replace water in the
<br />West Fork of Terror Creek, should an interruption occur. The Division has placed a
<br />stipulation on this revision approval requiring approval of the augmentation plan before
<br />commencing any operations that would result in the subsidence of the West Fork of Terror
<br />Creek. BRL has also committed to promptly restore or rehabilitate flows in the West Fork of
<br />Terror Creek, should subsidence result in material damage, as required by Rules 4.20.3(1)
<br />and 4.20.3(2).
<br />TRDC also inquired about the proximity of the workings to the Bruce Park Dam, and
<br />whether subsidence would be expected to impact the dam. The Bruce Park Dam is located
<br />outside of the predicted area of subsidence, approximately 8,500' from the outer limits of the
<br />predicted angle of draw of the Spruce Stomp mining panels.
<br />• U.S. Army Corps of Engineers ( USACE), via email: USACE notified the Division that any
<br />project features that result in the discharge of dredged or fill material into waters of the
<br />United States will require Department of the Army authorization prior to starting work. The
<br />permit revision, as proposed, does not propose the discharge of dredged or fill material into
<br />water of the United States.
<br />• Division of Water Resources (DWR), via phone: DWR had received a phone inquiry from
<br />TDRC regarding the proposed Spruce Stomp lease mining panels and their proximity to the
<br />Bruce Park Dam. The Division informed DWR that the dam was outside of the predicted
<br />area of subsidence. DWR requested notification of the Division's proposed decision on the
<br />revision; the Division is providing notification and a copy of this findings document to
<br />DWR.
<br />Page 13 of 46
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