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;~ ~II ~I~II~~I~~~~~ ~I~ STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone 1303) 866-3581 FAA (303) 866-3169 Mr. Anthony J. Waldron Environmental Protection Specialist Division of Minerals and Geology 1313 Sherman St., Room 215 Denver, Colorado 80203 RFCEI~/ED MAR 13 1998 March 13, 1996 Division Oi Mmerals 6 ~eoiogy RE: Bowie No. 2 Mine (Permit No. C-96-0831, New Permit Application Dear Mr. Waldron: .. .~'OF Cp~4~ Ne ; . ~ ` ~ •~rBl6, Roy Romer Governor ~ames5 Lochhead Enecutive Duector Hal D. Simpson State Engineer This office has reviewed the application referenced above and has the following comments: 1) A review of Maps, 7, 9, 10, 1 1 and 23 provide information on hydrologic data in general including water rights, geology, hydrologic monitoring, etc. and appear to be satisfactory. 2) Plugging of drill holes penetrating unconfined aquifers (referred to as "non-artesian" in the application) should be plugged and sealed pursuant to Rule 15.1 - 15.2 of the Water Well Contractors Rules (2 CCR 402-2). 31 Application indicates that deposition in the Deer Trail Ditch and Fire Mountain Canal will be minimized by applicant's drainage control system. This may be viewed as a negative impact by these ditches because clear (or less sediment load) water can affect the seal in some ditches and cause increase transmission losses. 4) Section 2.05 a)iii of the application indicates that the applicant "controls" the following water rights to mitigate quantity impacts: a) 3,750 shares class I -Deer Trail Ditch b) 960 shares class II -Deer Trail Ditch cl 782 shares class II -Fire Mountain Canal dl 0.5 cfs of Deer Trail ditch water for power and mining purposes However, there's apparently no quantification of water quantity impacts, nor timing of said impacts, nor procedure for release or relinquishment of said water rights to mitigate depletions. Namely, applicant may need to provide a plan of augmentation or temporary substitute water supply plan approved by the State Engineer in order to fully define potential depletions and injury to vested water rights and obtain approval from the Water Court or State Engineer for the plan to mitigate injury.