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D'N R <br />Y <br />i <br />March 23, 2015 <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 821 <br />Denver, CO 80203 <br />Jason D. Musick, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Bowie No. 2 Mine (Permit No. C-1996-083) <br />Technical Revision Application No. 99 <br />Dear Mr. Musick: <br />N� CEIV <br />MAR 242015 <br />DIV00N OF RECLAMATION <br />MINING AND SAFETY <br />The Division of Water Resources has reviewed the Bowie No. 2 Mine(Permit No. C- <br />1996-083) Technical Revision Application. The applicant proposes to revise the currently <br />approved hydrologic monitoring plan. The revision includes a justification for the removal of a <br />requirement to construct ground water point of compliance wells. The coal mining operation is <br />located approximately 5 miles Northeast of Paonia in Delta County. The State Engineers Office <br />(SEO) offers the following comments on this project: <br />Please note that the site is within an appropriated stream basin. All surface and ground <br />water diversions in over appropriated areas must be made in priority or must be fully augmented <br />so as to not cause injury to senior water rights. <br />Additionally, if storm water is not diverted or captured in priority, Colorado water law <br />requires it be released, or replacement for evaporation will be required of the operator/owner of <br />the site. The State Engineer's current policy requires that all impounded water be released to <br />the stream system within a maximum of 72 hours after impoundment. Unless captured in <br />priority, impounded water may not be used for any purpose except as approved under a <br />substitute water supply plan or a decreed plan for augmentation. Additionally, If the construction <br />of any ponds/pits exposes ground water, the pond/pit must be backfilled immediately until a well <br />permit issued pursuant to CRS 37-90-137(2), allowing the exposure of ground water in a <br />pond/pit, is obtained from the State Engineer. <br />From my review of this site, it appears that several of the well permit types referenced <br />below are applicable to this site. Please note that the dewatering operations if used for any <br />beneficial use will require non-exempt permits. Also, if any wells have been completed without <br />a valid MH Notice or well permit, the applicant will need to take immediate action to either plug <br />and abandon or permit the wells through the SEO. <br />The following is general information regarding well permitting. All wells that are being <br />used with the intent of accessing ground water ("water wells"), including wells used for the <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.2223 www.water.state.co.us <br />