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<br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />John Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director/State Engineer <br />RFCF AMn <br />January 12, 2011 JAN 12 2011 <br />[)M&0fi v, , WI.Aarf981W; <br />Mining and Safety <br />Jason Musick, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado-8-0203--- <br />Peabody Sage Creek Mine (Permit No. C-2009-087) <br />Re: <br />Technical Revision Application <br />Dear Mr. Musick: <br />The Division of Water Resources has reviewed the Peabody Sage Creek Mine (Permit <br />No. C-2009-087) Technical Revision Application. The application proposes to modify the facility <br />plans in the area near the approved portal site. This includes the relocation of the coal handling <br />facilities pad and access road and the relocation of the upper coal stockpile sump to an area <br />closer to the new pad. The underground coal mining operation is located approximately 9 miles <br />Southeast of Hayden in Routt County. The State Engineers Office (SEO) offers the following <br />comments on this project: <br />Currently, the stream system in this location is not overappropriated, however, if the <br />stream system at this location becomes overappropriated, the storage and use of any surface or <br />ground water will be subject to administration. Additionally, If the construction of any sediment <br />pond exposes ground water, the pond must be backfilled immediately until a well permit issued <br />pursuant to CRS 37-90-137(2), allowing the exposure of ground water in a pit, is obtained from <br />the State Engineer. <br />All wells drilled for monitoring/testing uses should be permitted through the.SEO either <br />by notice of intent to drill monitoring holes or by application to drill a monitoring well. If wells are <br />constructed as monitoring holes they must be plugged and abandoned within one year of <br />completion or else permitted as monitoring wells with the SEO. If any wells have been <br />completed without a valid monitoring hole notice or well permit, the applicant needs to take <br />immediate action to plug or permit the wells as monitoring wells. <br />Last, if construction or operation activities of this project affect the flow of a stream or <br />.ditch we recommend that the applicants consult with the local Water Commissioner. The local <br />Water Commissioner is Andy Schaffner and may be reached at andy.schaffner@state.co.us. <br />Thank you for the opportunity to comment on this project. If you have any questions, <br />please contact me at this office. <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />www.water.state.co.us