2014-11-18_REVISION - C1981014 - Laserfiche WebLink

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energy furls coal, inc. southtield mine - post office box 459 • florence, colorado 81226 • (719) 784 -6395 November 12, 2014 Mr. Rob Zuber — Reclamation Specialist Colorado Division of Reclamation Mining & Safety 1313 Sherman St — Room 215 Denver, CO 80203 RECEIVED NOV 18 2014 Division of Reclamation, Mining & Safety L/ RE: Technical Revision No.44 (TR -44) Request — Convert Pond 5 to Permanent Structure Status Energy Fuels Coal, Inc. (EFCI) — Southfield Mine - Permit No. C -81 -014 Dear Rob Zuber: The Corley Company(TCC), as landowners on which sedimentation Pond 5 at the Southfield mine is located, has formally requested that Pond 5 be retained as a permanent structure on the condition that Pond 5 is approved as a Livestock Water Tank as designated by the Colorado Division of Water Resources (CDWR). The District 12 Water Commissioner, Jeff Thomas, conducted an inspection of Pond 5 during the week of October 20, 2014. Mark A. Perry, P.E., of the CDWR responded by email (10 -28- 2014) stating that Mr. Thomas' inspection designated that the disconnected screw stem that operates the water discharge gate near the bottom of the pond be reconnected so that the water gate is operable. Pursuant to the repair of the water gate and a follow -up inspection, the CDWR can recommend approval of the Livestock Water Tank status to the Division Engineer. A copy of the 10 -28 -2014 email from Mr. Perry is enclosed with this submittal in Attachment B. Accordingly, this revision (TR -44) requests, 1) approval from the DRMS to reconnect the screw control stem to the water gate in Pond 5 per the CDWR requirement as well as, 2) the DRMS' approval to leave Pond 5 in place as a permanent structure. EFCI is in receipt of the required signed letter from the landowner, TCC, requesting permanence of Pond 5 based on the condition mentioned above. A copy of TCC's signed letter is enclosed with this submittal in Attachment C. In a region where available water is a scarcity, retaining Pond 5 as a permanent impoundment will greatly enhance the approved post mining land use which is intended for undeveloped rangeland and wildlife habitat. Throughout the years of EFCI's mining and reclamation (1985 to date), numerous Elk in herds numbering from 12 head to 60 head have utilized Pond 5 as a source of water. Deer and other wildlife have frequented the ponds as well and the ponds are also a potential source of water for any future livestock watering. Pond 5 is located in the SW4, SE4 of Section 19, T20S, R69W of the 6`h PM. Pond 5 is depicted on the Southfield Mine Area Surface & Groundwater Map, Map 12.