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STATE OF COLIII IIIIIIIIIIIIIIII <br />DIY1510N OF MINERALS AND GEOLOGY <br />Department ul Natural Resources <br />131 7 Sherman 51., Room 215 <br />Denver, Colorado 80203 <br />Phone: 1303) 8G6-3567 <br />FA%: 1.3031 832-81 06 <br />January 20. 1999 <br />Mr. Jerry Nettleton <br />Montgomery Watson <br />P.O. Box 774018 <br />Steamboat Springs, CO 80477 <br />RE: Marr Mine, Permit No. C-SO-006 <br />Technical Revision No. 19, Adequacy Review <br />Dear Mr. Patterson: <br />~I <br />~~~ <br />DEPARTMENT OF <br />NATURAL <br />RESOURCE <br />Roy Romer <br />Governor <br />lames 5. Lnchhead <br />Etecwive Duenor <br />Mrchael B Long <br />Drvirion Direclo~ <br />I have reviewed Technical Revision No. 19 (TR- l9) submitted by Kerr Coal Company on <br />Decemberl6, 1998. This TR was submitted in response to the DMG's mid-term review. <br />I have several comments regarding the submittal as discussed below. To be consistent, I <br />use the same numbers that I used in my original midterm review letter. <br />1. Response accepted. <br />2. Response accepted. <br />3. Removal of Pond G and reclamation of associated disturbance areas is scheduled. <br />to be completed by the fall of the year 2000. This is acceptable, although I <br />encourage Kerr to reclaim this pond in the year 1999. <br />4. Kerr Coa] Company has requested permanent retention for several mine and <br />loadout facilities including: the mine office/shop/warehouse building, <br />sedimentation ponds A, B, D and E, two water supply wells (Permit No. 020253- <br />F at the mine and Permit No. 23696-F at tipple), the light-use access road at the <br />loadout and the cinderblock loadout/shop building. The permanent facilities are <br />shown on Map 36. for the tipple area and on Map 37A for the mine area. <br />The State Engineers Office has reviewed the request for retention of the ponds <br />and water supply wells. They are part of the water rights decreed conditionally in <br />Division 6 Water Court cases 79-CW-225 and 80-CW-79. The conditional water <br />rights were subsequently made absolute. The ponds are decreed for all beneficial <br />uses. The Division of Water Resources has no concerns for permanent retention <br />provided the water will be utilized in priority for the approved uses pursuant to <br />the decreed water rights awarded by the Division 6 Water Court. The DMG <br />approves retention of [he ponds and the water supply wells. <br />