Laserfiche WebLink
Binns, Janet <br />From: Energy Fuels Coal, INC. [efcoal@rmi.net] <br />Sent: Thursday, October 08, 2009 5:28 PM <br />To: Binns, Janet <br />Cc: Shannon Mossman <br />Subject: FW: Water Pond - Kerr Coal Company, former Loadout site <br />Hey Janet, <br />FYI --- I'm still chasing after water. <br />Regards, George P <br />From: Energy Fuels Coal, INC. [mailto:efcoal@rmi.net] <br />Sent: Thursday, October 08, 2009 5:25 PM <br />To: Arapaho Wildlife (ann_timberman@fws.gov) <br />Subject: Water Pond - Kerr Coal Company, former Loadout site <br />Ann Timberman: <br />Thank you for taking my phone call. This email regards our search for water (technically some Rights) to keep the existing <br />pond at Kerr's former Loadout site as a permanent structure - - otherwise it is required to be reclaimed. Kerr Coal <br />Company (affiliate of Energy Fuels) operated the coal mine east of Walden from 1974 thru 1993 and still maintains some <br />reclamation liability. The former coal Loadout Site, 1 mile south of Walden, was not reclaimed until year 2000 so that site <br />becomes eligible for release next year (2010) which is the final year of the 10 year Reclamation Liability Period for the <br />site. The state reclamation regulator is the Colorado Division of Reclamation Mining & Safety (DRMS). The DRMS <br />inspects the site on a monthly/quarterly basis & reports the reclamation & associated pond is in good condition. The <br />contact inspector is Janet Binns, Reclamation Specialist, phone: 303 866 3567, ext 8107. Email: <br />9anet.binns(a@state.co.us if you should wish to contact her. The pond/embankment is also inspected annually for <br />structural integrity by a professional engineer (PE) - - one of the rules for DRMS. <br />The Google Earth map on the internet offers a Duck's eye view (please forgive the pun) of the pond and site. The <br />coordinates are: Lat 40.716859, Long -106.283764 <br />which is located in Section 29, T9N, R79W, Jackson County, Colorado. It is adjacent to the north boundary of the wildlife <br />refuge and borders the former railroad right-of-way. The pond in reference is located next to the railroad trestle and has <br />the water volume of one (1) acre ft (or 1.1). Ducks and other wildlife, occasionally geese, utilize the pond. Kerr Coal <br />Company, having the reclamation liability wishes to leave the pond as a permanent structure for post mining land use for <br />livestock and wildlife rather than disturbing the site to reclaim the pond. The pond has been established since 1979 at <br />which time a 404 Permit was granted by the Army Corp of Engineers for installation of the pond. Concerning the Corp, <br />they have no objection to leaving the pond permanently. <br />During our recent application to the DRMS requesting approval to leave the pond on a permanent basis we found that <br />water rights had not been assigned to that pond. Per regulation of the DRMS, water rights are required for permanence of <br />the pond. We are informed that the 'evaporation' of the pond would be required to be replaced which is estimated to be <br />one (1) acre foot or less, per year. If you inspect the site, you may notice that the water is from the shallow water table <br />and is available in the pond most of the year. If ditch water was available and assuming a flow of 2 cu ft per second <br />(CFSlto the pond, only 6 hours per year would be required to makeup the evaporation loss. If a flow rate of only 0.10 <br />(1/10 ) CFS was available, 5 days would makeup the evaporation. Given that the pond's water is mostly groundwater <br />(water table), it is likely that make-up water from the ditch would seldom be necessary, if at all. <br />I have spoken to Justin Fosha of the Drowsy Water Guest Ranch who mentioned that the Refuge owned half of the water <br />in the ditch that flows past our pond. I apologize for this lengthy message but we consider this matter of considerable <br />importance and wanted to explain detail. Jim Mossman (near Walden) is available to represent Kerr and is available most <br />of the time. His phone is 723 4338. We hope you will be supportive to this project and we appreciate anything you may <br />be able to offer. Please advise as to when it would be convenient for you to meet and look at the site. <br />Regards, <br />George V Patterson <br />Gen Mine Mgr, Energy Fuels