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Sent By: OXBOW MINING INC.; 970 929 5177; Jun-5.00 3: 31 PM; III IIIIIIIIIIIIIIII <br />~ sss <br />June 05, 2000 FqX E D <br />Mr. Craig Lis <br />Colorado Division of Water Resources !. ^ 5 - 00 <br />Office of the State Engineer <br />1313 Sherman Street, Room 818 <br />Denver, CO 80203 <br />Re: Consideration of Water Rights per new Sedimentation Pond D <br />for TR 32 of CMDG Permit No. C-81-022 <br /> <br />Dear Mr. Lis: <br />Oxbow Mining, Inc. ("OMI") has designed a new sedimentation pond, called Pond <br />D, to provide sediment and drainage control as required for its CDMG permit for <br />the new Elk Creek Mine site (per TR 32). The intent and purpose of this pond is <br />to capture and treat, it necessary, runoff water from the site to meet NPDES <br />water quality standards (primarily suspended solids and pH limits) prior to <br />discharge to the receiving stream (Elk Creek, in this case). Although a "dead <br />pool" of approximately 1.23 AF of water and sediment exist below the primary <br />spillway of Pond D, OMI does not intend nor plan any beneficial or consumptive <br />use of this water. OMI has listed evaporative losses from the sediment pond as <br />a "consumptive use", but only for the purposes of the endangered fish species' <br />"Windy Gap" fund calculation -not as a water right use or claim. <br />In the case of a "call" by holders of senior water rights on the North Fork of the <br />Gunnison River for any retained runoff water, OMI is willing to commit to pump <br />and discharge any retained water from below the primary spillway, as long as it <br />met the required NPDES water quality standards. <br />Please call me at (970) 929-5834 should you have questions or require further <br />information. <br />Sincerely, <br />~~~~~ . <br />Kathleen G. Welt, <br />Environmental Supervisor <br />cc: Joseph Dudash, CDMG <br />Jerry Nettleton, MW <br />3 7 3 7 Hwy 1 3 3 - P O Box 5 3 5 - S o m e r e e r C o l o r a d o 8 7 d a d U S A <br />TEL (9 T 0) 9 2 9. 5 1 2 2 FAX (9 7 0 ) 9 2 9- 5 1 7 7 <br />