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The mine wants to re-designate Dove Gulch from perennial to ephemeral <br />stream. The stream is now listed as perennial on USGS and GMUG Forest <br />maps. We are concerned about the water rights that should be going into <br />Hubbard Creek that may be lost if subsidence disrupts the flow of the <br />water. There are some springs that are part of the system. The <br />original lease stipulations were put in place due to potential loss of <br />water. If there are problems, the water rights need to be protected. <br />Regardless of status as perennial or ephemeral, sometimes water does <br />flow, and there is a claim on water when it flows. Since there is <br />water in storm events and other cases, there needs to be a plan to <br />replace water (to the people who have water rights) that is lost due <br />to mining activities. Before, during, and after a water monitoring <br />program, there should be a replacement plan showing sources and how it <br />will be delivered to water rights owners. The plan also needs to <br />include ownership and long term lease documents for any water being <br />used, and state water court documents to support this program. The <br />survey used in Bowie's report to justify the reclassification was <br />conducted in August, the driest month of the year. Even at that time, <br />they found several areas of the gulch with running water apparently <br />supplied by springs. While it was assumed that the water disappeared <br />in the alluvium, it went underground. If there is subsidence, the <br />water in the alluvium may end up in the mine. Just because water isn't <br />visible on the surtace, it doesn't mean that subsidence doesn't disrupt <br />the flow of water. We would like to know how the mine is going to <br />determine where the water ends up, who owns it, and how they are going <br />to replace it, if necessary. <br />Regarding the Terror Creek Reservoir (Bruce Park Dam): the subsidence <br />area is within 1500 feet of the Reservoir. The closeness of subsidence <br />is based on theoretical projects. A plan needs to be in place if the <br />theory is wrong. What is the emergency plan for catastrophic dam <br />failure? How will water be replaced for users while the reservoir is <br />inoperable? This plan needs to be approved by the State Water Court. <br />Are there plans to repair the dam if necessary? Financial assurances <br />need to be provided that the mine would provide for repairs, even if it <br />might cause bankruptcy. We would like to see a plan to continually <br />monitor the dam and its safety. All of the above regarding the <br />reservoir needs to be approved by Terror Creek Reservoir Company, as <br />represented by a signed agreement by TCRC and Bowie Resources. <br />Thank you for addressing our concerns. We request that we be informed <br />of the progress of this application and any decisions that ensue from <br />your process. <br />Sincerely, <br />Peggy Herzog, Coal Committee Member and Steve Wolcott, Coal Committee Chair <br />Western Slope Environmental Resource Council <br />PO Box 1612 <br />Paonia, CO 81428 <br />970-527-5307 <br />