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<br /> <br />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 <br />John W. Hickenlooper, Governor | Robert Randall, Executive Director | Kevin Rein, State Engineer <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />March 14, 2018 <br /> <br /> <br />Clayton C. Wein, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br /> <br />Re: North Thompson Creek Mine (Permit No. C-1981-025) <br /> Permit Renewal Application No. 7 <br /> <br />Dear Mr. Wein: <br /> <br />The Division of Water Resources has reviewed the North Thompson Creek Mine (Permit <br />No. C-1981-025) Permit Renewal Application. The applicant proposes to continue underground <br />coal mining operations on land located approximately 10 miles southwest of Carbondale in <br />Pitkin County. The renewal application does not propose revisions to the approved mining and <br />reclamation plan, nor is there any proposed surface disturbance outside of the currently <br />approved disturbance area. The State Engineers Office (SEO) offers the following comments on <br />this project: <br /> <br />Please note that the site is within an over appropriated stream basin. All surface and <br />ground water diversions in over appropriated areas must be made in priority or must be fully <br />augmented so as to not cause injury to senior water rights. <br /> <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 /> <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 />1313 Sherman St., Room 821 <br />Denver, CO 80203