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DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />July 29, 2009 Dick Wolfe, P.E. <br />Director/State Engineer <br />Marcia L. Talvitie <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety ?VcrV <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 JUL 3 ? ?Q09 <br />Re: Hamilton Mine (Permit No. C-1991-078) Division L,, <br />Technical Revision Application No. 9 (TR-9) <br />Pond B - Permanent Impoundment <br />Dear Ms. Talvitie: <br />The Division of Water Resources has reviewed the Hamilton Mine (Permit No. C-1991-078) for the <br />Technical Revision Application No. 9 (TR-9). The application proposes to change the classification of <br />sediment Pond B from a temporary to a permanent impoundment. <br />The applicant proposes to divert and store water to control sediments within this stream system. These <br />activities could result in depletions (i.e., consumptive and evaporative losses) to the stream system that <br />may impact downstream senior water right holders. Currently, water is available within the stream <br />system; however, there is no guarantee the water will remain available. In such a case, the applicant <br />may be required to obtain a State Engineer's approved substitute water supply plan or water court <br />approved augmentation plan. At this time, the SEO has no 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 />Mark J. Vana Ili, PhD, PE, PG, BCEE, D.WRE <br />Water Resources Engineer <br />Office of the State Engineer <br />Division of Water Resources <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.waterstate.co.us