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Regarding the concern for the lower Fruitland Formation and the Pictured Cliffs Sandstone being <br />a regional aquifer, the Division is referred to: Availability and Chemical Characteristics of <br />Groundwater in Central La Plata County. Colorado by Robert E. Brogden and T.F. Giles, U.S. <br />Geological Survey Water Resources Investigations 76 -69, prepared in cooperation with the <br />Colorado Department of Natural Resources, Division of Water Resources, Open File Report; <br />Lakewood, Colorado; May, 1976. This report maps the locations and summarizes water quality <br />for 38 wells in the Durango area. None of the wells investigated were completed in the <br />referenced formations. Additionally the formations are mentioned as potential aquifers, because <br />no wells completed in either formation could be located by the authors. Mr. Carl Hutchinson <br />with the U.S.G.S. stated that the purpose of this open file report was to supply the State Engineer <br />with data on the various formations acting as aquifers (personal communication February 6, <br />1983). The results of this report tend to confirm the assertion that the Fruitland Formation and <br />the Pictured Cliffs Sandstone are not being utilized as aquifers in the Durango area (certainly not <br />within 2 miles of the mine site as State Engineer's well records indicate). Indeed, the basic <br />premise that the formations are aquifers in the Durango area becomes suspect. <br />The overall operation/reclamation plan has been established to protect the quality of surface and <br />ground water. Surface water outside of the disturbed area is diverted, as much as possible, into <br />adjacent drainages which drain to the Animas River. The diversions were constructed according <br />to Section 4.05 of the Performance Standards to prevent the erosion of, or adverse effects to, <br />adjacent areas. <br />There are no users of water from the strata in the mining operation. Consequently, the use of <br />water in the coal seams and fractures will not adversely impact any known users. <br />The proposed mining operation will use water for dust suppression, preparation facilities and <br />domestic /sanitary uses. It is estimated that the total water will include 20 acre - feet/year for dust <br />suppression, five acre - feet/year for sanitary facilities, and 50 acre - feet/year for other uses. <br />It is estimated that the dust suppression water will be drawn from the pit or sediment structures <br />and that the remainder of the water will be pumped from deep well(s) for which permits have <br />been approved. Furthermore, the Animas River under appropriated such that excess water is <br />available for multiple uses to the applicant. OEI is currently implementing a plan to develop it <br />available water resources through appropriate submittals to the State Engineer and the District <br />Water Court. <br />Protection of the Hydrologic Balance <br />The mining and reclamation plan for the Carbon Junction Mine has minimized the impacts to the <br />prevailing hydrologic balance within and adjacent to the permit area in the following ways. <br />• <br />Abridged Permit Document 5 -35 Feb 2008 <br />