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STATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources of cow <br />I? . <br />1313 Sherman Street, Room 818 *+* <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 2007 <br />November 16 <br />FAX (303) 866-3589 , <br /> Bill Ritter, Jr. <br />http://www.water.state.co.us Governor <br />Daniel T. Mathews Harris D. Sherman <br />Environmental Protection Specialist RECEIVED Executive Director <br />Division of Reclamation, Mining and Safety (Vacant) <br />1313 Sherman Street, Room 818 State Engineer <br />Denver, Colorado 80203 NOV 7 5 2007 <br />Division ci Reciamabon, <br />Re: Roadside Portals Mine (Permit No. C-1981-041) Mining and Safety <br />Permit Renewal Application No. 4 (PR-4) <br />Unit Train Loadout Postmining Land Use Change <br />Dear Mr. Mathews: <br />The Division of Water Resources has reviewed the Roadside Portals Mine (Permit No. <br />C-1981-041), Permit Renewal Application No. 4 (PR-4). The application proposes a <br />postmining land use change from Fish and Wildlife habitat to industrial or commercial for <br />the Unit Train. Loadout and associated facilities include rail spur, rail loop, truck scale <br />and haul road. In addition, the application proposes to retain two existing ponds (i.e., <br />Sediment Pond 1 & 2) as permanent impoundments for the postmining land use. The <br />SEO will need to know the dimensions of the two ponds including their water surface <br />areas, before and after modification. The ponds are located in an over-appropriated <br />area of the Colorado River Basin, as such, they are subject to administration by this <br />office. The ponds must be able to operate in priority by low-level outlets capable of <br />releasing all inflows or via bypass structures or must be augmented via an approved <br />water court plan or substitute water supply plan. The SEO is unable to approve the <br />aforementioned application, at this time. <br />If you have any questions, feel free to contact me at this office at (303) 866-3581. <br />Sincerely, <br />Mark J. Vanarelli, PhD, PE, PG, BCEE <br />Water Resources Engineer <br />Enclosure(s) <br />cc: file <br />MV/mv