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~cg <br />~~ <br />~- <br />December 6, 2006 <br />RECE~vE~ <br />JAN 22:201 . <br />Divis~o^ of a d Safety ^, <br />Mf^'^g <br />Steve S. Shuey <br />Division.of Reclamation, Mining and Safety V <br />Grand Junction Field Office <br />101 South Third Street, Room 301 <br />Grand Junction CO 81501 <br />RECEIVED <br />oEC 1 1 Zoos ~/ <br />GRAND JUNCTION FIELD OFFICE <br />RECWdAT~IpFt MNlNG 6 SAFEIy <br />RE: Benson Brothers Red Shale Pit, File No. M-2005-071, New water source for dust suppression. <br />Deaz Mr, Shuey: <br />Benson Brothers have completed the process for an adjudicated water right to use water from the coal <br />mine seepage pond on their property for dust suppression on the Benson Brothers Red Shale Pit property. <br />The seepage pond,is known as the.BB Seep and is on property adjacent to, but not within the affected land <br />boundary. No permanent structures or mining related disturbance will be associated with using this water <br />source. The impacts from use of this water were investigated by the Water Referee and the State <br />Engineers Office and the Decree was issued November 21, 2006, Case No. 06CW60. A copy of the <br />Findings and Ruling of Referee and Decree are enclosed. Use of this water on the affected lands is the <br />same as stated in the pernlit application for water hauled from outside sources. This letter is intended to <br />serve as the revision committed to in Item 23 of the first Adequacy Response for this pit. . <br />Please let me know if there is any additional information that you need. Thank you for your assistance in <br />this matter. <br />Sincerely, <br />Michael Ripp <br />Consultant <br /> <br />1'O. Box 54 • De1W, CO 81416 <br />(970) 874.5127 • Fax: (970) 874-3161 • e-mail: mvrippQaol.com <br />