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<br />SILVER SPUR LAND & CATTLE, L.L.C <br />BIG HORN UNIT <br />P.O. BOX 148 <br />COWDREY. CO 80434 <br />(970) 723-4024 <br />(970) 723-8288 FAX <br />December 16, 2003 <br />Mr. Mike Boulay-Reclamation Specialist <br />State of Colorado <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street-Room 215 <br />Denver, CO 80203 <br />RE: REQUEST TO RETAIN POND "F'- PERMANT USE <br />KERR COAL COMPANY - KERR MINE <br />Jackson County Colorado <br />Dear Mr. Boulay: <br />Representatives of Kerr Coal Company (Kerr) have informed me that retention <br />Pond "F" which borders County Road 12E and is located near the northeast perimeter of <br />the Kerr Mine, is scheduled to be removed and reclaimed. <br />We, Silver Spur Land & Cattle - Canadian River Ranches, have the Bureau of <br />Land Management (BLM) grazing rights for lands adjacent to the Kerr Mine. Kerr's <br />retention pond, Pond "F" is located in a BLM allotment on which we graze cattle during <br />summer seasons. Historically, we graze that allotment early in the season, typically June, <br />during which time Pond "F" has retained and supplied necessary water for the livestock. <br />Given that grazing that area occurs early in the season and the cattle graze through that <br />sector in a relatively short period of time, the volume of water has been adequate to <br />supply the herd's requirement. Other than Pond "E", Pond "F" is the only source of water <br />in that pasture. However, Pond "E" is located on property previously owned by Kerr, <br />which recently sold to a new landowner. Future access to Pond "E" is unknown-if the <br />property situate to Pond "E" were to be fenced, our access to the water may not be <br />available, leaving only Pond "F" for that grazing allotment. Accordingly, Silver Spur <br />Land & Cattle requests that Kerr be granted approval to leave Pond "F" in place on a <br />permanent basis, un-reclaimed, for use of watering livestock and supporting wildlife. <br />I have been informed that Rule 4.05.9(13) applies to permanent impoundments. <br />My responses follow in a question/answer format. <br />a) Suitable water quality (permanent) for intended use, complying with <br />applicable water quality standards and effluent limitations without <br />degradation of downstream waters;