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(2) The Chalk Mountain Interceptor Ditch, which has a capacity of 12 cfs and diverts <br />water from the headwaters of Tenmile Creek in Lake and Summit Counties and from the <br />headwaters of the East Fork of the Eagle River in Eagle County. <br />(3) The East Fork Pumping Plant, which has a capacity of 6 cfs and diverts water <br />from the East Fork of the Eagle River. <br />(4) The East Interceptor Ditch, which has a capacity of 20 cfs and diverts water from <br />the north fork of McNulty Creek and tributary flow above it that is tributary to Tenmile Creek. <br />(5) The Supply Canal No. 1, which has a capacity of 10 cfs and diverts water from <br />tributaries of Tenmile Creek, including Humbug, Mayflower and Clinton Gulch creeks. <br />(6) The Supply Canal No. 2, which has a capacity of 10 cfs and diverts water from <br />tributaries of Tenmile Creek, including Searle and Kokomo creeks. <br />We request that you make sure the permit conditions for the expanded operations at the <br />mine protect the quality and quantity of this critical water supply. Our specific concerns about <br />the permit application include, but are not limited to the issues set forth below. <br />1. Modifications in terrain in the drainage above Eagle Park Reservoir that impact <br />water yield and water quality. <br />The source of supply for Eagle Park Reservoir includes the runoff, surface flow and <br />seepage from the area above the reservoir. The proposed modification of Robinson Lake in the <br />area above Eagle Park Reservoir should only be permitted with due regard and protection for <br />both the quality and quantity of the water in the watershed that is a decreed source for the <br />reservoir. Changes in the land contour for Robinson Lake or any other aspect of the activities <br />authorized by the permit amendment that result in less yield to Eagle Park Reservoir would <br />diminish the water right for the reservoir in violation of the water rights decreed to this facility. <br />2. Modifications that impact water supply in and to the ditches that supply Eagle Park <br />Reservoir. <br />As set forth above, there are a number of ditches that either currently supply Eagle Park <br />Reservoir or are decreed to supply water to this facility. One or more of the identified ditches is <br />in close proximity to the proposed expansion of the open pit mine, the expansion of the <br />overburden storage facilities, the tailings ponds, and Robinson Lake. In short, every aspect of <br />the proposed expansion has the potential to impact one or more of the identified conveyance <br />structures. The proposed modifications should only be permitted with due regard and protection <br />for both the quality and quantity of the water diverted into and conveyed through these various <br />structures. <br />39407 3