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11/6/2014 State.co.us Executive Branch Mail -New Elk Mine; Proposed Permanent Impoundments. Request for DWR Comments. <br />STATE, OF Hernandez - DNR Alysha <aysha- hernandez @state- co -us> <br />COLORADO <br />Simmons - DNR, Leigh <leigh.simmons @state.co.us> Wed, Nov 5, 2014 at 3:53 PM <br />To: Shannon Johnson - DNR <shannon.johnson @state.co.us> <br />Cc: Alysha Hernandez - DNR <alysha.hernandez @state.co.us> <br />Shannon, <br />My supervisor, Mike Boulay, left you a phone message introducing the topic of this email. If you have questions <br />you can contact him, or you can contact me directly. <br />New Elk Coal Company (NECC) is proposing to retain two of the existing sediment control ponds at the New Elk <br />mine as permanent impoundments, in a revision to their currently approved reclamation plan. <br />Technical Revision number 68 (TR68) is an extensive revision to the New Elk mine permit (permit number C- <br />1981 -012), which has been in the review process for over a year. The content of the revision is varied, much of <br />which is of no relevance to the Division of Water Resources, however part of the revision proposes to alter the <br />reclamation plan to retain two ponds (ponds 004 and 008) as permanent impoundments. In the cover letter that <br />accompanied the revision application NECC stated that: TR -68 also proposes to retain pond 004, below the <br />DWP, and pond 008 below the RDA as permanent impoundments under Rule 4.05.9. Pond 004 is being kept <br />primarily because of the excellent riparian species that have developed in this over -sized impoundment, which <br />under the current plan, would be eliminated during reclamation operations. Pond 008 is one of the few water <br />sources north of the highway in the vicinity of the mine and would be beneficial as a water source for wildlife that <br />will likely utilize the reclaimed RDA upon permanent closure of the mine site. <br />As a result of an oversight DWR was not consulted at the time application was found complete. I am now in the <br />position of requesting comments from DWR on the proposed changes when the technical issues have been <br />otherwise resolved. <br />Background context: <br />The New Elk mine is an underground coal mine in Las Animas county, (permit number C- 1981 -012). The mine is <br />situated between Weston and Stonewall on Highway 12, and the permit area straddles the Purgatoire River at an <br />elevation of around 7400'. <br />Pond 004 is situated on land owned by Colorado Parks and Wildlife (who have provided a letter stating their <br />support of the plan to retain the pond), between highway 12 and the river. It treats the runoff from a reclaimed <br />development waste pile. The pond itself is very well vegetated and seldom holds a significant amount of water. <br />The two pictures below were taken during inspections in October and September of this year. The first picture <br />was taken from the emergency spillway looking north across the pond and shows the primary spillway riser. The <br />second picture was taken from the NW corner of the pond, looking south towards the emergency spillway, with <br />the river out of view behind it. <br />hftps://mail.google.com/mail/u/0/?ui=2&ik=e29129fcb5&vi ew =pt &search= i nbox &th= 149822a88f6c690d &si m 1= 149822a88f6c690d 1/4 <br />