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C l r S 8 ANAO 00-7 <br />TR 'I r I- <br />Kaldenbach, Tom <br />From: Welt, Kathy [KWelt@archcoal.com] <br />Sent: Thursday, September 17, 2009 7:31 AM <br />To: Lis, Craig <br />Cc: Kaldenbach, Tom <br />Subject: RE: Mountain Coal Water Rights per CDRMS Applications TR-118 and TR-119 <br />Craig, <br />Have you had a chance to review this information? Does this answer the questions in your <br />September 1St (lengthy - not O) memos to Tom Kaldenbach in regard to Mountain Coal's pond and <br />coal prep plant projects? <br />Thanks, <br />Cathy -Nett, <br />Environmental Engineer III <br />Mountain Coal Company, LLC <br />West Elk Mine <br />P.O. Box 591 <br />Somerset, CO 81434 <br />Phone (970) 929-2238 <br />Cell (970) 433-1022 <br />Fax (970) 929-5050 <br />From: Welt, Kathy <br />Sent: Thursday, September 03, 2009 3:12 PM <br />To: 'craig.lis@state.co.us'- <br />Cc: 'Kaldenbach, Tom' <br />Subject: Mountain Coal Water Rights per CDRMS Applications TR-118 and TR-119 <br />Hi Craig, <br />In response to your memos of September 1St to Tom Kaldenbach of the CDRMS in regard to <br />Mountain Coal Co's (MCC) application Nos. TR-118 and TR-119, attached are copies of the Water <br />Court diligence filing for Fresh Water Pond No. FW-2 (09CW107) and for the change of water rights <br />(09CW108). These filings are to perfect the nearly 10.0 acre-feet of conditional storage rights in FW- <br />2 and to "reorganize" MCC's other existing storage rights from the current locations of Ponds MB-1 <br />and M13-2, to the new M13-5E. I provide these documents to show that MCC has existing water <br />storage rights that will be handled in Pond MB-5E (as proposed per TR-119 to the CDRMS). Within <br />the FW-2 diligence filing is a discussion (see section 2.C.1. & 2.) of the background and other <br />diligence filings as well which provide a little history and further information on MCC's water rights. <br />Also attached is a copy of MCC's augmentation plan decree, containing additional background <br />information and showing that MCC has sufficient water rights in place to serve its current and <br />proposed operations. <br />Should you have further questions or require additional information, please let me know. <br />Thanks, <br />Cathy -welt,