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WCOLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />June 19, 2020 <br />Tony Tennyson <br />Colowyo Coal Company L.P. <br />5731 State Highway 13 <br />Meeker, CO 81641 <br />Re: Colowyo Coal Mine (Permit No. C-1981-019) <br />May 28 Meeting Summary <br />Division Response <br />Dear Mr. Tennyson: <br />The Division has received and reviewed the letter, "May 28 Meeting Summary" (Letter) from Tri-State <br />Generation and Transmission Association Inc. (Tri-State) on behalf of the Colowyo Mine (Colowyo), dated <br />June 8, 2020. The Division appreciates your response regarding those discussions between the Division and <br />Colowyo on May 28, 2020. Based on the review of the Letter, the Division has the following questions and <br />comments: <br />In order for the Division to ensure compliance with Rule 4.05.1 which states that mining activities <br />must "prevent long-term adverse changes to the hydrologic balance," the Division not only considers <br />the current water uses, but must also consider the potential use of the water. The consideration of <br />current and potential use is also reflected in the Banta guidance document which states that "Impacts <br />which result in impairment of present water uses which cannot be mitigated or which result in long <br />term impairment of existing or potential water users shall be considered significant." The Division <br />must not only consider water quality in Good Spring Creek and Taylor Creek currently, but over <br />several years (even decades), perhaps after Tri-State is no longer the owner of land and water rights in <br />the area below the mine. <br />1. Please provide documentation of water rights ownership for irrigation ditches along <br />Good Spring and Taylor Creeks below the Colowyo Mine, per Rule 2.04.7(2)(a). <br />Good SpringCreef <br />2. The Division noted that discussion between conductivity (mmhos/cm) and TDS (mg/L) in the <br />Letter is often interchanged. The Division is unaware that there has been an accepted and agreed <br />upon conversion for the two measurements at Colowyo. Please provide information to the <br />Division that supports Tri -State's appropriate conversion for these measurements. <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br />