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..!COLORADO <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman St., Room 821 <br />Denver, CO 80203 <br />Response to Permit Renewal Application No. 7 (RN -7) <br />To: Clayton Wein, Environmental Protection Specialist <br />From: Justina P. Mickelson, Physical Science Researcher/Scientist <br />Date: April 6, 2018 <br />Re: Terror Creek Loadout (Permit No. C-1983-059) <br />Operator: Oxbow Mining, LLC <br />Part NW4SE4 Section 15, T13S, R91 W, 6th PM, in Delta County <br />CONDITIONS FOR APPROVAL <br />RFCFFWW <br />APR 0 6 Zola <br />Division of & Saf <br />OVAIM <br />mining <br />Oxbow Mining, LLC proposes to continue loadout coal mining operations on land located <br />approximately 4 miles Northeast of Paonia. The proposed operation does not anticipate <br />exposing groundwater. Therefore, exposure of ground water must not occur during or after <br />mining operations. <br />According to our records a well has been constructed under permit no. 132515, as the only <br />exempt well on 25 acres for ordinary household purposes inside a single family dwelling, and <br />shall not be used outside the house for any purpose. No other uses are allowed under permit <br />no. 132515. The applicant must apply for a new permit for any additional ground water uses. <br />According to State Engineer Policy 2011-3 Concerning Commercial Activities on Property <br />Served by Residential Exempt and Small Capacity Wells (Amended), commercial activity may <br />be conducted on the property when the well permit does not explicitly allow commercial use as <br />long as limiting qualifications described in the policy are met (attached). No additional water will <br />be diverted or consumed as a result of the business being conducted on the property; <br />specifically, no customers or on-site employees will use the water other than the party living in <br />the single-family residence. <br />If the ground water from the well operating under permit no. 132515 is used for indoor drinking <br />and sanitary uses inside a commercial building, the owner may apply for a commercial exempt <br />well permit in order to be compliant with permitted uses. <br />If the applicant plans to use other water, the applicant will need to document that the water was <br />obtained from a legal source that allows such industrial use (including dust suppression). <br />Please note that the site is located 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 />1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 <br />John W. Hickenlooper, Governor I Robert Randall, Executive Director I Dick Wolfe, State Engineer ''•.*\" e; 1 j'* <br />