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C:\jhb\C82056\TR70\Adequacy-2.docx 2 1/11/2010 <br />8. Twentymile Coal Company describes activities proposed for trenching through Fish Creek for <br />placement of the proposed waterline. The Division consulted with Paul Perri of the Office of the <br />State Engineer, Division of Water Resources-Dam Safety, regarding potential permitting <br />requirements needed for temporary damming of a perennial stream. Mr. Perri indicated that this <br />work did not necessitate a permit but requested that TCC submit a concise letter to the Division of <br />Water Resources-Dam Safety describing the dimensions or the dams, methods of construction, <br />duration they would be in place, anticipated volume of storage, and the storm event the dams <br />would be designed to contain. Please provide a copy to the Division as well. <br />9. Division consultation with Mr. Andrew Neuhart of the Colorado Department of Public Health and <br />Environment-Water Quality Control Division (WQCD), found that TCC will need to obtain a <br />"construction dewatering permit" from the WQCD. According the WQCD, TCC will need to <br />submit a construction dewatering application 30-days prior to the planned start of the activity to <br />ensure proper permit coverage from WQCD. <br />The Division will need proof that TCC has obtained a construction dewatering permit prior to <br />trenching through Fish Creek. Please revise text in Section 2.03 (Rule 2.03. 10) of the PAP that <br />TCC will obtain the required permit from WQCD prior to trenching in Fish Creek. Once the <br />"construction dewatering permit" is obtained from WQCD, TCC will need to update the <br />information required by Rule 2.03.10. Installation of the waterline would be able progress either <br />side of the creek prior to TCC obtaining the construction dewatering permit. <br />10. Twentymile Coal Company describes the plans for trenching through Fish Creek on pages 2.05- <br />45.19 and 2.05-50.7. These plans do not include a description of the size of the pump that will be <br />used to pump streamflow around the work area. The Department of Water Resources, District 6, <br />Division Engineer (Erin Light) noted that as long as there is no diminution of water flow during <br />the operation, no additional permitting is required through the District 6 office for this activity. <br />Please provide the Division with a description of the pumping process to assure that there will be <br />no diminution of streamflow. <br />11. As required by Rule 2.03.6(2), please provide documentation that TCC has the right of entry to <br />conduct the surface operations on the land to be affected by the waterline placement. <br />Please provide responses to the Division's concerns by January 21, 2009 in order for the Division to meet <br />regulatory timeframes. Please call if you have any questions regarding the Division's concerns. <br />Sincerely, <br />Janet 'nns <br />Enviro ental Protection Specialist II <br />66-3567 ext. 8107