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STATE OF <br />0 <br />OFFICE OF THE STATE ENGINEEI <br />Dlvlslm of Water Resource <br />Depwurwq of Namul Resources <br />1313 ShM,a111 Suet% RM 818 <br />Damn, Colvado 80203 <br />rlgm D031803581 <br />FAX 47031866.3589 <br />November 13, 1998 <br />FAX Transmitted to (970) 242-7908 <br />Mr. Jim Stover, Consulting Engineer <br />2788 Compass Drive, Suite 101 <br />Grand Junction, Colorado 81508 <br />RE: Bowie No. 2 Mine <br />New Permit Application <br />Permit No. C-98-083 <br />Dear Mr. Stover: <br />0 <br />Ca.annr <br />jn S. UxHrd <br />bauxm of a <br />Mw D. SMipm <br />SuM rq+wr <br />In response to your faxed request for response to whether DWR has any authority over <br />wells subject to the jurisdiction of the Mined Land Reclamation Board. I refer to the <br />'Regulations of the Colorado Mined Lane Reclamation Board for Coal Mining' rule 4.05.13(1) <br />Ground Water, part a) which states that: <br />E <br />'Groundwater levels, infiltration rates, subsurface flow and storage <br />characteristics, and the quality of ground water shall be monitored in e <br />manner aonroved by the Division after consultation with the Division of <br />Water Resources ....' (emphasis added). <br />The Division of Water Resources In correspondence with you and DMG has provided <br />information regarding monitoring and observation wells permitted and regulated by DWR. <br />1 believe that DMG'a authority supersedes DWR's by virtue of this rule as well as 3.2 of <br />DWR's Water Well Construction Rules if DMG chooses to Impose Its own rules in lieu of those <br />of DWR regarding monitoring and observation wells. It's apparent that DMG's rule 4.05.13(1) <br />contemplated considering DWR's requirements relating to monitoring and observation wells. <br />The Division of Water Resources in the specific Instance of monitoring and observation <br />wells covered under DMG's rule 4.05.13(1) defers authority to DMG, but will continue to <br />provide Information and specifics that would be required by DWR if it were permitting and <br />regulating a monitoring and observation well at the referenced site(s). <br />te; koe a"#, Am 4 <br />CRG:jmg:7417 <br />Sincerely, Ahu`bartso- <br />Professional Engineer III <br />• 1 TOTAL P.01