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C- 2010 -089 PAR Part 2 <br />New Horizon North Mine <br />5- Jan -2011 <br />Page 5 of 13 <br />16. It is unnecessary to have a Probable Hydrologic Consequences section under 2.04.7, but <br />WFC has included a summary of the PHC in this section. The Division has noted the <br />following inconsistencies. In the last paragraph on page 21, WFC states that "...Recharge <br />from irrigation (the only source of recharge) will continue..." This should be changed to <br />"...Recharge from irrigation (the primary source of recharge) will continue..." Also there is <br />no discussion of the occurrence of spoil springs in this entire section, pages 21 through 24 of <br />2.04.7. <br />17. The Division of Water Resources has reviewed the NHN permit application and has <br />provided written comments. The State Engineers Office has expressed several concerns <br />with the project including the following: 1) The potential for exposing groundwater during <br />sediment pond excavation, 2) Permitting requirements for drilling a new domestic /industrial <br />use well and for nine existing monitoring wells, 3) Application for surface water rights and <br />for an augmentation plan, 4) Reporting procedures for well abandonment, and 5) Diversion <br />of the Second Park Lateral Ditch. Please refer to the enclosed comment letter from the <br />Division of Water Resources, Office of the State Engineer dated November 23, 2010. <br />Please address each of these concerns and provide a response and amended application <br />materials, if appropriate. <br />2.04.11 — Fish and Wildlife Resources Information <br />The text of section 2.04.11 states that fish and wildlife data collected during previous studies <br />in the vicinity of the NHN Mine is sufficient such that further field studies are not <br />warranted. Two studies are summarized in the text: 1) 1979/80 by Mariah Associates <br />[baseline for PCC's Nucla (later N111) Mine]; and 2) 1987/88 by PCC [baseline for PCC's <br />Nucla East (NH2) Mine]. Summarizing the surveys in the text is acceptable, but the reports <br />themselves must also be included in the PAP. Please include copies of all referenced <br />wildlife surveys, including maps, in the PAP. <br />2. Federal and State lists for threatened and endangered species are periodically revised. <br />Please ensure, and provide language to this effect, that the current list(s) have been <br />consulted, including fish, for which water depletions may affect the species and /or critical <br />habitat downstream (the San Miguel River is located in the Upper Colorado River Basin). <br />3. The introductory paragraph to section 2.04.1 l contains some information that is erroneous <br />(e.g. year of permit issuance). Please revise this paragraph to incorporate only information <br />specific to this section of the PAP, and to refer to the detailed summary requested previously <br />by the Division under Rule 2.04.3. <br />4. In the second paragraph of the section, please give the dates that meetings between WFC <br />and the DRMS and WFC and the CDOW took place. <br />5. The last paragraph of this section refers to the "amendment" area. Presumably the intended <br />reference is to the NHN Mine permit area. Please revise this sentence accordingly. <br />6. Map 2.04.11 -1— NHN Mine Wildlife Map <br />a) A heavy pink line surrounds the area depicted on the map. In the Legend, this symbol . <br />is described as Proposed North Adjacent Permit Area, which is not the case. Please <br />revise the description and/or location of the line. <br />