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<br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Response to Reclamation Permit Application Consideration Dick Wolfe, P.E. <br />Director/State Engineer <br />DATE: September 1, 2009 <br />TO: Tom Kaldenback, Environmental Protection Specialist <br />CC: Division 4 Office; District 40 Water Commissioner <br />FROM: Craig M. Lis, P.E., Water Resources Engineer 0//fj/lZ <br />RE: Operator: Mountain Coal Company, LLC, West Elk Mine, File No. C-1980-007 <br />Technical Revision Application No. 119 (TR-119) <br />Sections 9 through 36, Twp 13 S, Rng 90 W; Sections 23 through 26, Twp 13 S, Rng 91 <br />W; Sections 1, 2, 3, 4, 8, 9, 10, 11 and 12, Twp 14 S, Rng 90W; all of the 6th P.M., <br />Gunnison and Delta Counties <br />The structure is subject to administration and therefore must not store water out-of-priority. As such a low- <br />level outlet capable of draining all storage must be installed on the dam and water must be released from the <br />runoff control structures within twenty-four hours or as directed by the division engineer and/or water <br />commissioner. <br /> <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-35819 Fax: 303-866-3589 <br />www.water.state.co.us