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12/9/2014 State.co.us Executive Branch Mail - Re: New Elk Mine; Proposed Permanent Impoundments. Request for DWR Comments. <br />s <br />STATE OF Simmons - DNR, Leigh <leigh.simmons @state.co.us> <br />COLORADO <br />r <br />Re: New Elk Mine; Proposed Permanent Impoundments. Request for DWR <br />Comments. <br />Foy - DNR, Caleb <caleb.foy @state.co.us> Mon, Dec 1, 2014 at 3:20 PM <br />To: "Simmons - DNR, Leigh" <leigh.simmons @state.co.us >, Mike Boulay - DNR <mike.boulay @state.co.us> <br />Cc: Julie Pearson - DNR <julie.pearson @state.co.us >, Jeff Montoya - DNR <jeff.montoya @state.co.us> <br />Good Afternoon, <br />I am writing in response to a request for comment from your office regarding TR -68 for the New Elk Mine <br />(DRMS Permit No. C- 1981 -012). According to your submittal, it appears that New Elk Coal Company is <br />requesting to retain two sediment control ponds which collect stormwater runoff from disturbed areas (Pond <br />004 and Pond 008) as permanent impoundments in their reclamation plan. The comments provided herein are <br />meant to apply to all stormwater ponds at the mine. <br />If stormwater is contained on -site, it must infiltrate into the ground or be released to the natural stream <br />system within 72 hours, unless covered by a substitute water supply plan or augmentation plan. In this case, <br />the applicant is requesting to retain Ponds 004 and 008 as permanent impoundments; therefore, this office <br />strongly recommends that the applicant consider including said ponds in the plan for augmentation pending <br />with the Division 2 Water Court OR make application for a separate plan for augmentation and associated <br />SWSP to replace the depletions caused by any out of priority storage of storm water retained for longer than 72 <br />hours. Any such plan shall include replacement of the ponds' first fills and perpetual evaporation off the free <br />water surfaces if water is retained for longer than 72 hours. Reclamation plans must ensure water will not be <br />retained onsite for more than 72 hours unless an augmentation plan approved by water court is obtained. <br />It is the recommendation of this office that TR -68 not be approved until such a time that the applicant shows <br />they have included all stormwater ponds (including Pond 004 and Pond 008) that will retain water for longer <br />than 72 hours in a permanent plan for augmentation. Should you have any questions regarding this matter, <br />feel free to contact me directly. <br />Sincerely, <br />Caleb Foy, E.I.T. <br />Water Resource Engineer <br />COLORADO <br />0 IV Division of Water Resources <br />Department of Natural Resources <br />P 303.866.3581, x8272 I F 303.866.2223 <br />1313 Sherman Street, Room 818, Denver, CO 80203 <br />Caleb. Foy@ state. co. us I www.water.state.co.us <br />On Fri, Nov 21, 2014 at 5:09 PM, Simmons - DNR, Leigh <leigh.simmons @state.co.us> wrote: <br />Caleb, <br />I was unable to reach you on the phone this afternoon to discuss the proposed permanent impoundments at <br />the New Elk Mine. <br />I will be out of the office now until the second week of December, but you can talk to my supervisor, Mike <br />Boulay (303- 866 -3567 x8181), if you need any more information on the situation. <br />Thanks, <br />https: //m ai I .googl e.com /m ai I /u/0 / ?ui = 2 &i k= 095bb4d299 &view = pt &search= i nbox &m sg= 14aO7fa42440abb7 &dsgt =1 &si m 1= 14aO7fa42440abb7 1/6 <br />