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12/9/2014 State.co.us Executive Branch Mail - Re: New Elk Mine; Proposed Permanent Impoundments. Request for DWR Comments. leigh.simmons@state.co.us I http: / /mining.state.co.us/ On Thu, Nov 6, 2014 at 8:46 AM, Foy - DNR, Caleb <caleb.foy @state.co.us> wrote: Good Morning Leigh, I'm writing in response to the email referenced below, which you sent to Shannon yesterday afternoon. Coincidentally enough, myself and several other DWR staff members are scheduled to visit /tour NEM on the 18th of this month (for their pending plan for augmentation and associated SWSP). Would it be okay if we take a look at the ponds during our visit, and provide comments back to you and /or sit down to meet later that week? Thanks, Caleb Foy, E.I.T. Water Resource Engineer J&17 D. COLORADO Division of Water Resources Department of Natural Resources P 303.866.3581, x8272 I F 303.866.2223 1313 Sherman Street, Room 818, Denver, CO 80203 Caleb. Foy@ state. co. us I www.water.state.co.us Shannon, My supervisor, Mike Boulay, left you a phone message introducing the topic of this email. If you have questions you can contact him, or you can contact me directly. New Elk Coal Company (NECC) is proposing to retain two of the existing sediment control ponds at the New Elk mine as permanent impoundments, in a revision to their currently approved reclamation plan. Technical Revision number 68 (TR68) is an extensive revision to the New Elk mine permit (permit number C- 1981 -012), which has been in the review process for over a year. The content of the revision is varied, much of which is of no relevance to the Division of Water Resources, however part of the revision proposes to alter the reclamation plan to retain two ponds (ponds 004 and 008) as permanent impoundments. In the cover letter that accompanied the revision application NECC stated that: TR -68 also proposes to retain pond 004, below the DWP, and pond 008 below the RDA as permanent impoundments under Rule 4.05.9. Pond 004 is being kept primarily because of the excellent riparian species that have developed in this over -sized impoundment, which under the current plan, would be eliminated during reclamation operations. Pond 008 is one of the few water sources north of the highway in the vicinity of the mine and would be beneficial as a water source for wildlife that will likely utilize the reclaimed RDA upon permanent closure of the mine site. As a result of an oversight DWR was not consulted at the time application was found complete. I am now in the position of requesting comments from DWR on the proposed changes when the technical issues have been otherwise resolved. Background context: The New Elk mine is an underground coal mine in Las Animas county, (permit number C- 1981 -012). The mine is situated between Weston and Stonewall on Highway 12, and the permit area straddles the Purgatoire River at an elevation of around 7400'. Pond 004 is situated on land owned by Colorado Parks and Wildlife (who have provided a letter stating their support of the plan to retain the pond), between highway 12 and the river. It treats the runoff from a reclaimed development waste pile. The pond itself is very well vegetated and seldom holds a significant amount of water. The two pictures below were taken during inspections in October and September of this year. The first picture was taken from the emergency spillway looking north across the pond and shows the primary spillway riser. The second picture was taken from the NW corner of the pond, hftps: //m ai I .googl e.com /m ai I /u/0 / ?ui = 2 &i k= 095bb4d299 &view = pt &search= i nbox &m sg= l 4aO7fa42440abb7 &dsgt =1 &si m l = 14aO7fa42440abb7 3/6