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6/16/2014 State.co.us Executi\,e Branch Mail - Fwd: letter to Dave Berryand copied to other staff- <br />-the ground surface into the MW -NW well on 4/30/14, in a volume large enough to demonstrate to DRMS <br />that while a blockage may visually appear to exist near the bottom of the well, water can actually get <br />around the blockage and thus into the mine, suggesting that any water that may be in the mine could at <br />some time in the future rise in the well past the blockage. The company has proposed (the Division has <br />not yet agreed) that if the 4/30/14 test is successful, a point in the well above the blockage might be <br />agreed -upon between the Division and EFCI as the "compliance point /depth" (my phrase) for the purposes <br />of sampling the well and reporting whether or not the well is "dry". <br />To the best of our knowledge, monitoring well MW -NW is not presently permitted by the Colorado Division <br />of Water Resources. An application for a permit for the North Dewatering Well (MW -NW's previous name) <br />to be used as a "Mine Dewatering Well (Existing)" was submitted to DWR by EFCI in 1991. EFCI <br />attempted to make an argument that the well would not consumptively use water, as (according to EFCI <br />on the permit application) the water pumped to the surface from the mine would be treated and discharged <br />to a nearby stream. The application was denied by DWR in 1991 due to DWR's opinion that the water <br />would in fact be consumptively used, to the m erappropriated nature of the area, and to the lack of an <br />augmentation plan approved by the Division 2 Water Court. Obtaining a DWR permit for MW -NW is the <br />2nd Abatement Step in NOV CV2013022. This Abatement Step is still in effect, as EFCI has not as yet <br />obtained such a permit. <br />At this time, monitoring well MW -NW is required to be sealed per the mine's general permit commitment <br />to reclaim all of its wells. Should the landowners (K2T et al) wish MW -NW left unsealed, the mine's <br />reclamation plan would have to be revised and any DWR monitoring well permit obtained by EFCI <br />transferred to the landowners (Rule 4.05.14) before the Division could release the well from Phase III <br />reclamation liability. If a monitoring well permit is obtained by EFCI for MW -NW and that permit is then <br />transferred to the landowners, it would then be up to the landowners to further seek from DWR whatever <br />approvals they might need if the landowners would like to convert the use of well MW -NW from monitoring <br />to some other allowable use. <br />If you have any questions, Jeff, let me know. <br />Dan <br />Forwarded message — <br />From: Berry - DNR, David <david.berry@state.co.us> <br />Date: Wed, Apr 23, 2014 at 2:14 PM <br />Subject: Fwd: letter to Dave Berry and copied to other staff - <br />To: Daniel Hernandez - DNR <daniel.hernandez @state.co.us >, Rob Zuber - DNR <rob.zuber @state.co.us> <br />Cc: Jeff Fugate <jeff.fugate @state.co.us> <br />Please research and respond at your soonest opportunity. <br />Thanks, <br />Forwarded message — <br />From: Jeff Fugate <Jeff.Fugate @state.co.us> <br />Date: Wed, Apr 23, 2014 at 2:11 PM <br />Subject: RE: letter to Dave Berry and copied to other staff - <br />To: "Bent' - DNR, David" <david.berry@state.co.us> <br />David, <br />https:Hrnail.g oog le.corTitniai I /u/0 / ?ui= 2 &ik- b46bel 1 b9e&viev -pt& search= inboAth= 145b4128849501e6&si m1= 145b4128849501 e6 417 <br />