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III IIIIIIIIIIIII III <br />r ~~ <br />STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman S[reet, Room BIB <br />Denver, Colorado 80203 <br />Phone (3031 866-3581 <br />FAX (3031 866-3589 <br />Ms. Susan L. Burgmaier <br />Environmental Protection Specialist <br />Division of Mines & Geology <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />RE: Yoast Mine (Permit No. C-94-082) <br />Dear Ms. Burgmaier: <br />~1=r.,~jv~~ <br />ut~ 0 5 1994 <br />Division o. ivunerais tt neology <br />tiv OF C~~ <br />tiri <br />N <br />r <br />~ IY76 ~ <br />Roy Romer <br />Cosemor <br />lames 5. L«hhead <br />Ex«utire Director <br />Hal D. Simpson <br />State Engineer <br />This office has reviewed water resource issues identified in the subject application for a new <br />surface coal mine. The following comments are provided for your consideration. <br />The application is apparently deficient in that attachment 16.1 does not contain the plan of <br />augmentation. The plan of augmentation is purportedly to alleviate injury to vested water <br />rights caused by the five surface impoundments proposed. <br />2. A discussion with Mr. Tom Williamsen of Helton and Williamsen Engineering reveals that the <br />"Water Rights Investigation and Plan of Augmentation has just been drafted, but no <br />application to water court has yet occurred." <br />3. Currently there are some water resource and water rights impacts which are unaddressed <br />by the application. However, if acourt-decreed plan of augmentation is obtained, then this <br />office's water rights impact concerns will have been adequately addressed. <br />Therefore, it's recommended that no operations be approved by your office until or unless <br />a court-decreed plan of augmentation has been obtained. <br />Sincerely, <br />Chuck Roberts <br />Water Resources Engineer <br />December 2, 1994 <br />CGR/jmg <br />CC; i11~ ci/ d/ank, D%/•G EnJ. r, <br />6167L.cr <br />