2014-05-12_PERMIT FILE - C2010089 (8)

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Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866 -3581 APPLICANT WELL PERMIT NUMBER 77190 - F DIV. 4 WD 60 DES. BASIN MD LIC APPROVED WELL LOCATION MONTROSE COUNTY NE 1/4 NW 1/4 Section 25 WESTERN- FUELS - COLORADO LLC Township 47 N Range 16 W New Mex P.M. PO BOX 33424 DISTANCES FROM SECTION LINES DENVER, CO 80233- Ft. from Section Line Ft. from Section Line (303) 255 -5800 UTM COORDINATES (Meters,Zone:13.NAD83) 'ERMIT TO CONSTRUCT A WELL LOJ" "y' "y'" III y' ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 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 no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 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 been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37- 90- 137(2) on the condition that this well is operated in accordance with the Western Fuels- Colorado LLC substitute water supply plan approved by the State Engineer on June 21, 2012. This well shall not be operated unless it is included in a substitute water supply plan approved by the State Engineer or a plan for augmentation approved by the water court. The subject SWSP is currently valid through May 31, 2013, and if not extended or if a court approved plan for augmentation is not in operation, diversion of ground water from this well must cease immediately. 4) Approved for the dewatering of a mine excavation pit at the New Horizon North Mine, to withdraw ground water tributary to Coal Creek, as indicated in the SWSP, which is tributary to the San Miguel River. 5) Approved for the dewatering of a single active mine pit (see note below) within the DRMS permit boundaries for the New Horizon North Mine described in exhibit "A ". 6) The pumping rate of this well shall not exceed 1795 GPM (as requested). 7) The average annual amount of ground water to be appropriated for dust suppression as allowed by the SWSP shall not exceed 38.44 acre -feet. 8) The use of ground water pumped from the mine excavation pit is limited to industrial purposes, specifically dust suppression. Any ground water pumped in excess of the 38.44 acre-feet that is to be used for dust suppression, must be discharged to Coal Creek without consumptive use or evaporative losses. 9) The owner shall mark the dewatering pump /active mine pit in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) A totalizing flow meter must be installed on the dewatering system to measure the amount of water diverted for dust suppression purposes. The meter must be maintained in good working order. Permanent records of all diversions for dust suppression purposes must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) For the future administration of this well, the Division Enginer may require the well owner to install and maintain a totalizing flow meter on the dewatering system to record all pumping for both dewatering and dust suppression. 12) The mine excavation area boundaries shall be at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. Note: Per the mine operation plan, a panel mining process will be employed. The product will be mined from a panel (pit) and upon completion of that panel, a new cut will be made with the overburden of the new pit pushed into the mined out panel. As mining progresses, the dewatering system will move with the excavation. APPROVED MAS state Engi - .Receipt No. 3654112A r B DATE ISSUED 04 -30 -2013 By DATE 04 -30 -2014