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Response: TCC has drafted and sent a letter to the Division of Water Resources, including a <br />description of the temporary retention structures to be used during construction. A copy of the letter <br />accompanies these responses for the file. <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 />Response: TCC is preparing, and will submit an application for a Construction Dewatering Permit to <br />the CDPHE-WQCD at least 30-days prior to initiating work on the pipeline crossing at Fish Creek. <br />The referenced text has been reviewed and revised, as appropriate, to address this additional permitting <br />requirement. A file copy of the Construction Dewatering Permit will be forwarded to the CDRMS, on <br />receipt, and copies of the revised text accompany these responses for replacement in the PAP <br />document. <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 />Response: Installation of the Fish Creek pipeline crossing will occur during winter low flows. <br />Historic monitoring data for Fish Creek indicate flows on the order to 2-6 cfs during the period when <br />construction is expected to occur. Installed pumping capacity will be approximately l Ocfs (4,500 gpm) <br />to assure that there is no diminution of flow, and a float-operated pump will be used to assure reliable <br />and consistent pump intake conditions. The referenced permit text has been revised to include a <br />discussion of pumping operations, with copies of the revised text accompany these responses for <br />replacement in the PAP document. <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 />Response: Right of entry for the proposed activities is provided by a 1937 Deed, as previously <br />discussed and addressed under PR09-08.