2014-12-12_REVISION - C2010089 (2)

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COLORADO A&V Division of Reclamation, ,. Mining and Safety Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 December 12, 2014 To: Brock Bowles From: Susan Burgmaier Re: New Horizon North Mine (Permit No. C- 2010 -089) Midterm Review No. 1 (MT -1) Per Dan's request, I have reviewed sections of the New Horizon North Mine permit application package for compliance with specific rules, as detailed below, for the midterm review (MT- 1). Following is a summary of my review and a discussion of any identified permit application deficiencies. Information that should be passed on to Western Fuels- Colorado, LLC (WFC) is presented in bold italic font. I have provided a brief summary of my findings for each rule, in an effort to assist you in preparing your midterm review findings document. Rule 2.04.7 Baseline Hydrology Description Rule 2.04.7(2)(a): Section 2.04.7 of the permit application package, beginning on page 14, includes baseline surface water information for the permit area and receiving watersheds. Appendix 2.04.7- 2 to the permit application package provides baseline data collected prior to the issuance of the permit application, and the 2012 and 2013 Annual Hydrology Reports complete the baseline data required to be collected subsequent to the permit issuance. Baseline data collection included upstream and downstream points on the San Miguel River, Tuttle Draw, Nygren Draw, Meehan Draw, and several unnamed tributaries to Coal Canyon within and adjacent to the permit area. The description and data provided are sufficient to identify seasonal variations in water quantity and quality within the proposed and adjacent areas. The last sentence of Rule 2.04.7(2)(a) states that the permit application shall contain information pertaining to ownership and use of surface water bodies. Map 2.04.3 -1 depicts the location of surface water bodies in and adjacent to the permit area. There is also a discussion of stock water ponds, on page 21 of Section 2.04.7, that is limited to a discussion of how they will be affected with the diversion of the 2nd Park Lateral, but no description of the ownership of the stock ponds. It does not appear that the approved permit application has provided sufficient information pertaining to ownership and use of surface water bodies. Please either revise the permit 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http: / /mining.state.co.us John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director ©F cow I *` *, 1976 4L