2014-12-08_REVISION - C1981014 (2)

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K2T LLC Linda Saunders and Tena Gallagher, members 34315 Forest Park Dr. Elizabeth, CO 80107 -7842 Rob Zuber (rob.zuber @state.co.us), Ginny Brannon (ginny.brannon @state.co.us) Daniel Hernandez (daniel.hernandez @state.co.us) Jeff Fugate (jeff.fugate @state.co.us) RECEIVED Dave Berry (dave.berry @state.co.us) Colorado Division of Reclamation, Mining and Safety DEC 0 8 2014 1313 Sherman St Room 215 Division of Reclamation, Denver, CO 80203 Mining & Safety December 7, 2014 As a partial property owner of 400 acres known as Southfield, K2T, LLC, objects to TR 43, EFCI's request to no longer monitor water and a hearing at the March 25, 2015 board meeting. We also objected at the Phase I Bond Hearing regarding the lack of monitoring wells in 2002. During the past 10 years of reclamation EFCI has only full data on one monitored well, MW23. MW23 is the upslope monitoring well 149 -170 feet and not into the ground water which we believe to be at 350 feet. We base this on MWNW (formerly the North Well data from 1985 -1995) and the downslope well (MW65) being monitored on Dr Corley's property at 350 feet. CRS 2.07.6(2)(C) REQUIRES the Division to make an assessment of the probably cumulative impacts of all anticipated mining in the general area of the hydrologic balance and that the coal mining operation proposed in the permit application has been designed to prevent damage to the hydrologic balance outside the proposed permit area. We believe that the water level in MW23 decreased and MW 16 has been reported dry and MW10 has been mined through, therefore this regulation has not been followed. MW 10 (340 -402 feet next to the 40 acre refuse pile) was mined through in 2001. This monitoring well had water consistently and was near a seepage area that produced water and that EFCI used for dewatering the mine. MW16, near the old Vento house, has been reported dry since December 2005. EFCI hydrology consultants mention the dewatering of the mine numerous times in their November, 2014 letter. Bishop, Brogden, and Rump prepared the inflow reports in 1986 Annual Hydrology Report and reported 141.9 acre feet was removed from the North Well (MWNW). Bishop, Brogden also stated in September 19, 2013 letter that the mine would not fill up for 120 -160 years or meet equilibrium. 4.05.12 120(2)(j)(IV) ensures the protection of the groundwater recharge capability to be at premining levels and not in 120 years. The quantity of water that was removed from the mine from all wells (based on inflow reports and available Hydrology Reports) by dewatering from 1985 -2000 was 150 million gallons of water. In his June 15, 1984 letter Robert Biddle stated on p.20, "Since Newlin Creek is a stream being undermined, it is important to ensure that subsidence will not induce stream depletions. The effect on Newlin Creek can best be monitored by inflow reports. Future results from the mine inflow study may show the need for surface monitoring if significant inflows are experienced below Newlin Creek." p.21 "The mine is presently incurring water sources in both the north sections (Newlin Creek) and southern sections." All of the applications for the wells used to dewater were denied by the State Water Engineer and have never been permitted. The North Well was tagged by the Division of Water Resources in 1991 and EFCI still used it to dewater until at least 1995 when the DRMS required them to put in a closed loop system. DRMS staff have not confirmed that this system was ever in place. Our two family LLCs who own the property need uncontaminated water to insure that cattle can graze on our reclaimed property, which was the historical use of this property and is the main emphasis of our Southfield's Reclamation Plan. Our father, Bert DeFellippie, grazed cattle here and therefore previously had a water source. Our grandfather, Tony Vento, mined this property requiring water from 1935 -1972. We request that EFCI drill three water wells into the Trinidad Aquifer and a new monitoring well into the mine tunnels not into areas that have been retreat mined. These wells need to produce 10 gallons /minute at minimum according to our hydro - geologist. EFCI needs to provide the pumping records at each depth from the driller and monitor each well for five years. MWNW needs to be repaired or replaced because it was likely damaged by roof fall when the continuous miner was buried in 1995 and /or when County Rd 15 subsided. After that date all of the inflow reports are estimated.