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STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX (303) 866-3589 <br />http://waw.watecetate.co.us ~' <br />Bryon G. Walker <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />~~~ <br />i <br />pF Cpl <br />F~i 9~ <br />,O. <br />ratio ~ <br />August 9, 2007 Bill Ritter, Jr. <br />Governor <br />Re: Foidel Creek Mine (Permit No. C-1982-056) <br />Technical Revision Application No. 61 (TR-61) <br />6 MN Mine Waste Storage Reservoir <br />Dear Mr. Walker: <br /> Hartis D. Sherman <br /> <br />RE Executive Director <br />CEIVEp (Vacant) <br /> <br />AUG 10 2001 State Engineer <br />Qivision of Reclamation, <br />Mining and Safety <br />The Division of Water Resources has reviewed the Foidel Creek Mine (Permit No. C-1982-056) for the <br />Technical Revision Application No. 61 (TR-61). The application proposes the construction, operation, <br />maintenance and reclamation of the 6 Main North Minewater Storage Reservoir. The reservoir wilt be <br />designed as a closed reservoir, with no discharges, and provision for adequate operating freeboard to <br />allow for storage of runoff from a small upslope drainage area. The proposed reservoir will be used to <br />provide backup storage for Twentymile Coal Company's 10 Right Mine Dewatering well, allow the well to <br />pump continuously at full capacity, providing a buffer storage for pump maintenance or failure, and <br />limiting the distance over which the mine water must be transferred. The reservoir will be constructed via <br />an embankment forming art earthen dam. The reservoir will store approximately 36 acre-feet of water. <br />The applicant proposes to divert and store water within this stream system. These activities could result <br />in depletions (i.e., consumptive and evaporative losses) to the stream system that may impact <br />downstream senior water right holders. Currently, water is available within the stream system, however, <br />there is no guarantee the water will remain available. In such a case, the applicant may be required to <br />obtain a State Engineer's approved substitute water supply plan or water court approved augmentation <br />plan. Alternatively, it may behoove the applicant to install a device for stream flows to bypass the dam <br />structure or an outflow device at the base of the dam structure to release inflows when a call is placed on <br />the system. At this time, the SEO has no objection to the application. <br />If you have any questions, feel free to contact me at this office at (303) 866-3581. <br />Sincerely, <br />Mark J. Van ,PhD, PE, PG, BCEE <br />Water Resources Engineer <br />Office of the State Engineer <br />Division of Water Resources <br />cc: file <br />MV/mv <br />