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<br />C/fgO 007 <br />Tle-iry <br />Bill Ritter, Jr, <br />Governor <br />August 20, 2009 <br />RQ <br />DEPARTMENT Of NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />Mrs. Kathy Welt <br />Environmental Engineer III <br />Mountain Coal Company, LLC <br />West Elk Mine <br />P.O. Box 591 <br />Somerset, CO 81434 <br />arris D. Sherman <br />ecutive Director <br />Dick Wolfe, P.E. <br />Director <br />When replying please refer to: <br />MOUNTAIN COAL COMPANY POND MB-5E <br />Water Division 4, Water District 40 <br />RE: Jurisdictional Ruling of Proposed Dam at Mountain Coal Company's West Elk Mine <br />Dear Mrs. Welt: <br />Thank you for submitting documentation for the proposed pond at Mountain Coal Company's <br />West Elk Mine located in Gunnison County at UTM NAD83 Zone 13, 287424.34 mE, 4311756.92 mN, <br />based on conversion of the latitude and longitude coordinates provided in the Notice of Intent to <br />Construct a Non-Jurisdictional Water Impoundment Structure. It is our understanding from recent <br />correspondence that you are requesting an official jurisdictional ruling on the proposed dam. <br />Based on the documentation submitted, the proposed Pond MB-5E Dam has a jurisdictional <br />height of about 7.8 feet between the elevation of the emergency spillway and the lowest point of <br />natural grade below the crest of the dam. As a result, Pond MB-5E Dam is considered Non- <br />Jurisdictional as defined by Rule 4.2.5.2 of the Rules and Regulations for Dam Safety and Dam <br />Construction (Rules and Regulations). Additionally, a copy of the signed Notice of Intent form has <br />been enclosed for your reference. <br />The owner of this facility is liable for the safety of this structure and for any loss of life and/or <br />damages caused by failure of the dam or appurtenant structures in accordance with State Statutes. <br />This ruling does not relieve the owner from this liability or from any other statutory obligation. <br />Therefore, it is in the owner's best interest to assure that the facility is designed, constructed, <br />operated, and maintained in a manner such that the safety of the dam and general public are not <br />jeopardized. <br />- <br />Office of the State Engineer AUG GI;Q <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax; 3N 3.069'3889r <br />Mining and S afet.Y <br />www.waterstate.co.us