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STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman SUeet, Room 81 B Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 http:/hvww.water. state.co. us DATE: March 12, 2007 TO: Tom Kaldenbach, Environmental Protection Specialist CC: Division 7 Office; District 33 Water Commissioner FROM: Clay Kimmi, P.E. RE: King Coal Mine, File No. C-1981-035 Operator: National King Coal, LLC Contact: Trent Peterson (970) 385-4528 Sections 28, 29, 31, and 32, Twp 35N, Rng I 1 W, Sections 5 and 6, Twp 34N, Rng 11 W, Section 36, Twp 35N, Rng l2W NM P.M., La Plata County yam. ~. +"tr~J R . ~~ /~~o~ ~1876~ Bill Ritter, Jr. Govemar Hams D. Sherman Executive Director Hal D. Simpson, P E. Stale Engineer CONDITIONS FOR APPROVAL ® The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground water must not occur during or after mining operations. If stormwater is contained on-site, it must infiltrate into the ground or be released to the natural stream system within 72 hours, or all work must cease until a substitute water supply plan, or augmentation plan approved by water court, is obtained. Reclamation plans must ensure water will not be retained onsite for more than 72 hours unless an augmentation plan approved by water court is obtained. ^ The proposed operation will consume ground water by: ^ evaporation, ^ dust control, ^ reclamation, ^ water removed in the mined product, ^ processing, ^ other:. Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pit or other type of well permit, as applicable. However, prior to obtaining a permit, an approved water supply plan or decreed plan for augmentation is required. ^ Prior to approving a well permit, the applicant must conduct a field inspection of the site and document the locations of all wells within 600 feet of the permit area. The applicant must then obtain a waiver of objection from all well owners with wells within 600 feet of the permit area or request a hearing before the State Engineer. ® Other: All monitoring wells must be permitted with the Divison of Water Resources. All wells producing water for use by the mine must be permitted with the Division of Water Resources. According to the permit application, Wells 1 and 2 are used for dust control and fire suppression inside the mine. Division of Water Resources permit numbers could not be determined for these wells. This area is considered water critical so it is likely that a water court approved augmentation plan will be required by the Division of Water Resources in order to use any wells for mine related activities. It does not appear that [here is an augmentation plan in place. The mine will have to provide engineering to show that the groundwater is non-tributary if they wish to avoid developing an augmentation plan. COMMENTS: