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COLORADO <br /> -KIV Division of Water Resources <br /> Department of Natural Resources <br /> January 9, 2020 <br /> Janet H. Binns, Environmental Protection Specialist <br /> Division of Reclamation, Mining and Safety <br /> Janet.binns(a)-state.co.us <br /> Re: New Horizon Mine (Permit No. C-1981-008) <br /> Modify Pond 009 to facilitate construction of stock pond SP2 on ERMR <br /> property <br /> Dear Ms. Binns: <br /> The Division of Water Resources has reviewed the New Horizion Mine (Permit No. C- <br /> 1981-008) proposal to modify Pond 009 to facilitate construction of stock pond SP2 on ERMR <br /> property. The surface coal mining operation is located approximately 1.7 miles Northwest of <br /> Nucla in Montrose County. <br /> Please note that the site is located within an over appropriated stream basin. All <br /> surface and ground water diversions in over appropriated areas must be made in priority or <br /> must be fully augmented so as to not cause injury to senior water rights. Our records indicate <br /> that the site operates pursuant to water rights and a plan for augmentation decreed in Water <br /> Court Decree Case No. 10CW208. Stock pond SP2 must not expose ground water and must <br /> be filled in priority. Additionally, a well withdrawing ground water may not be used to fill this <br /> stock pond. <br /> So long as the applicant adheres to the decree and plan for augmentation laid out in <br /> water court case no. 10CW208, this office has no objection to the application. Thank you for <br /> the opportunity to comment on this project. If you have any questions, please contact me at <br /> this office. <br /> Sincerely, <br /> Justina P. Mickelson <br /> Physical Science Researcher/Scientist <br /> Cc: Division 6 Engineer <br /> District 43 Water Commissioner <br /> titi�F:COja�� <br /> 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/waterQ' <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director <br /> lg76 � <br />