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DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />Bill Ritter, Jr. <br />Governor <br />February 19, 2008 <br />Michael P. Boulay <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: New Horizon Mine (Permit No. C-1981-008) <br />Technical Revision No. 56 (TR-56) <br />Sediment Ponds 011 and 013 As-Builts <br />Dear Mr. Boulay: <br />Harris D. Sherman <br />Executive Director <br />Dick Wolfe, P.E. <br />Director <br />f~~~.~ Y <br />MAR 0 5 2008 <br />Division of ~~~;:;d~"~~%-;iron, <br />Mining and Safety <br />The Division of Water Resources has reviewed the New Horizon Mine (Permit No. C-1981-008), <br />Technical Revision No. 56 (TR-56). The revision proposes to incorporate the As-Built information <br />and certification for Sediment Ponds 011 and 013. The applicant is proposing modifications to the <br />design of flow control mechanisms in the sediment ponds (i.e., 011 and 013). These mechanisms <br />control the volume of water and sediment discharged to the stream system. In addition, the size of <br />the impoundment may also be changed through the proposed revision. <br />The water source of the sediment ponds would be from, or tributary to, the San Miguel River, which <br />is a tributary of the Delores River. The San Miguel is over-appropriated, therefore, if a call should <br />occurred along the stream system, water from the ponds may need to be released from the ponds <br />in order to satisfy senior water right obligations. Any final design in the spillway flow control <br />mechanism must allow for the administration of the water along the stream system. Lastly, any <br />modification in the size of the impoundments may cause depletions along the stream system. <br />These depletions may require that the applicant obtain a court approved plan for augmentation to <br />offset any depletions. As such, this office in unable to approve the proposed revision until <br />sufficient information is provided to assure that material injury to decreed water rights will not <br />occur. <br />If you have any questions, feel free to contact me at this office at (303) 866-3581. <br />S~ncer I `^`~G~/ <br />n. <br />Mark J. Va relli, PhD, PE, PG, BCEE <br />Water Resources Engineer <br />Enclosure(s) <br />cc: file <br />MV/mv <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />www.water.state.co.us <br />