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iii iiiiiiiiiiiuiii <br />999 <br />c~~us <br />~u Orchard Valley <br />Cypr0e Orchard Valley Mina <br />P.O. Box 1299 <br />Paonia. CO B1a2B <br />Phone: 303-527-4735 <br />Fax: 303-527-2234 <br /> <br />April 18, 1994 <br />Mr. Greg Reed <br />OSMRE -Western <br />Brooks Towers <br />Service Center <br />1020 15th Street <br />Deriver, Colorado 80203 <br />NPR 21 1994 <br /> <br />RE: PERMIT NO. C-81-038; PERDffT ura~cwnr• 02; S'PI'PQI.ATIC[i NO. 42; WII•IDY GAP <br />Dear Mr. Reed: <br />In response to Stipulation No. 42 attached to the proposed decision to renew <br />Permit No. C-81-038 dated July 23, 1993, Cyprus Orchard Valley Coal Corporation <br />(COVCC) submitted via letter to the Colorado Division of Minerals aryl Geology <br />(C~IG) on September 21, 1993, an updated accounting of the potential water <br />depletions to the Upper Colorado River Basin (UCRB) which could be attributable <br />to the Orchard Valley Mine. In that accounting, COVCC suggested that to the <br />extant certain water withdrawals from a well were augmented by releases of water <br />frwn another source back to the UCRB, they should not be considered as depletions <br />subject to the Windy Gap accounting process. ~VCC was recently informed that <br />the CDMG could not support this position and has determined that these augmented <br />withdrawals should be included. <br />COVCC hereby agrees to remit payment to the United States Fish & Wildlife Service <br />in the appropriate amount to Dover the difference between the 26.7 ao-ft UCRB <br />water depletion calculated in January 1985 (refer to Permit C-81-038, Volume 9A), <br />and the 64.2 ac-ft UCRB water depletion calculated in September 1993. 00VCC will <br />submit payment for the additional 37.5 ac-ft upon proper notification of the <br />ramiired remittance. ~VCC currently understarxts this payment to be a sirx3ular <br />remittance according to Mr. Steve Shuey, CDMG, and does not anticipate further <br />payments to the Windy Gap fund until and unless operational changes significantly <br />alter the recently calculated depletion estimate. <br />Zhank you for your cooperation in this matter. Should you have any questions or <br />convnents please feel free to contact me at 303-527-4135. <br />CYPRUS ORCHARD VALLEY GOAL OORPORATION <br />~~/G. ~ <br />Karl C. Koehler <br />Environmental Specialist <br />\kck <br />cc: Mr. Keith Rose, U. S. F.W. S, Grand Junction, Colorado <br />Mr. Steve Shuey, CDMG, Denver, Colorado <br />COVCC 1993 Permit Renewal 02 file <br />