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Form No. OFFICE OF THE STATE ENGINEER <br />GWS -25 COLORADO DIVISION OF WATER RESOURCES <br />818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 <br />(303)888=3581 <br />APPLICANT <br />NEW ELK COAL COMPANY <br />122 W FIRST ST <br />TRINIDAD, CO 81082- <br />9) 845-0090 <br />Exhibit 11 <br />531 <br />WELL PERMIT NUMBER .286862 <br />DIV. 2: WD 19 DES. BASIN MD <br />APPROVED WELL LOCATION <br />LAS ANIMAS COUNTY <br />NW 1/4 SW 1/4 Section 23 <br />Township 33 S Range 68 W Sixth P.M. <br />DISTANCES FROM SECTION LINES <br />Ft. from Section Line <br />Ft. from Section Line <br />UTM COORDINATES. (Meters2one: 13. NAD83) <br />Easting: 502306 Northing: 4112102 <br />ISSUANCE OF THISPERMIT DOES NOT CONFER A WATER RIGHT <br />CONDITIONS OF APERQVAL <br />1) This well shall.be used in such a way as to cause no material injury to.existing water rights: The issuance of this permit does not ensure that <br />no injury will occurto another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. <br />2) The construction of this well shall be in compliance with the Water. Well Construction Rules.2 CCR.402-2, unless approval of a.variance. has <br />been granted by the State. Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. <br />3) Approved pursuant to CRS 37-92602(3)(b)(I) for uses'as described'in CRS 37-92-602(1)(f). Use of this well is limited to monitoring .water levels <br />and/or water quality. sampling. This well is known as.NE-S2. <br />4) Issuance of this pennit'does not grant:the.. applicant a license or permit for injection.into. the aquifer since such approval is not under the <br />jurisdiction of the Division of Water Resources. Injection Is not approved herein and prior to use of this well for injection purposes, the <br />applicant shall obtain all necessary approvals for injection required by authorizing state; federal, and local agencies. <br />5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be <br />kept capped and locked at all times except.during sampling or measuring. <br />6) Records of water level measurements and water quality analyses shall be maintained by the weil.owner and submitted to the Division of <br />Water Resources upon request. <br />7) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction <br />Rules, A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 66 days of plugging. <br />8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate;. and shall take <br />necessary means and precautions to preserve these markings. <br />9) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well <br />Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved <br />prior to well construction. <br />10) A Well Construction and Test Report (Form GWS -31); including lithologic log must be submitted by the individual. authorized to construct the <br />well. For non-standard construction, the report must include an as-built:drawing showingAetalls such as depth, casing, perforated zones, and a <br />description of the grouting type and interval. <br />11) Pursuant to Rule 6.2.3 of the Water Well Construction Rules, the well construction.contractor shall submit the as -built well location on' work <br />reports required by Rule 17.3 within 60 days of completion of the well. The measured location must be accurate to 200 feet of the actual <br />location. The location information must include a GPS location (UTM coordinates) pursuant to the Division of Water Resources',guidelines. <br />NOTE: The approved well location, above, is for internal mapping: purposes only and, not meant to.constrain the location of the well. The <br />well may be located anywhere on the 10.29 +/- acre tract of land as designated on the attached exhibit A. <br />NOTE: Issuance of this permitdoes notguarantee this well can be converted to a production well undera.future permit. Additionally, <br />pursuant to Rule 14.2 of the Water Well Construction Rules: (2 CCR 402-2), monitoring holes constructed pursuant to a monitoring hole notice <br />shall not be converted to a production well. (Upon obtaining a permit from the State Engineer, a monitoring hole may be converted to a <br />monitoring well, recovery well for remediation of the aquifer, or a dewatering system for dewatering the aquifer.) <br />NOTE: This permit will expire on the expiration date unless the well is constructed by that date. A Well Construction and Test Report <br />(GWS -31) must be submitted to the Division of Water Resources to verify the well has been constructed. An extension of the expiration date <br />may be available. Contact the DWR for additional information or refer to the extension request form (GNUS -64) available at: <br />http://www.water.state.co.us <br />CRF <br />State <br />10-1 <br />