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DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />October 15, 2008 <br />Daniel T. Mathews <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Seneca Il Mine (Permit No. C-1980-005) <br />Technical Revision Application No. 46 (TR-46) <br />Permanent Stock Pond T-3 <br />Dear Mr. Mathews: <br />DECEIVED <br />OCT 15 2008 <br />Division ut meciamation, <br />mining and Safety <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Dick Wolfe, P.E. <br />Director <br />The Division of Water Resources has reviewed the Seneca II Mine (Permit No. C-1980- <br />005), Technical Revisions Application No.46 (TR-46) for the Permanent Stock Pond T-3. <br />The application allows for retention of Stock Pond T-3 as a permanent impoundment. <br />The applicant proposes to divert and store water within this stream system. These <br />activities could result in depletions (i.e., consumptive and evaporative losses) to the <br />stream system that may impact downstream senior water right holders. Currently, water <br />is available within the stream system; however, there is no guarantee the water will <br />remain available. In such a case, the applicant may be required to obtain a State <br />Engineer's approved substitute water supply plan or water court approved augmentation <br />plan. Alternatively, it may behoove the applicant to install a device for stream flows to <br />bypass the dam structure or an outflow device at the base of the dam structure to <br />release inflows when a call is placed on the system. At this time, the SEO has no <br />objection to the application. <br />If you have any questions, feel free to contact me at this office at (303) 866-3581. <br />Sincerely, <br />N? <br />Mark J. Va elli, PhD, PE, PG, BCEE <br />Water. Resources Engineer <br />Office of the State Engineer <br />Division of Water Resources <br />Enclosure(s) <br />cc: file <br />MV/mv <br />r <br />Office of the State Engineer, <br />1313 Sherman Street, Suite 818 • Denver, CQ 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />www.water.state.co.us