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SPATE OF COLORADO <br />OFFICE OF THE STATE ENGINEER <br />Division of Water Resources <br />Department of Natural Resources <br />1313 Sherman Street, Room 818 <br />Denver, Colorado 80203 <br />Phone (303) 866-3581 <br />FAX (303) 866-3589 <br />http://www.water. state.co. us <br />P <br />ti?y1k <br />DATE: March 12, 2007 <br />TO: Tom Kaldenbach, Environmental Protection Specialist <br />CC: Division 7 Office; District 33 Water Commissioner <br />FROM: Clay Kimmi, P.E. <br />RE: King Coal Mine, File No. C-1981-035 <br />Operator: National King Coal, LLC <br />Contact: Trent Peterson (970) 385-4528 <br />Sections 28, 29, 31, and 32, Twp 35N, Rng 11W, Sections 5 and 6, Twp 34N, Rng 11W, <br />Section 36, Twp 35N, Rng 12W NM P.M., La Plata County <br />p cow <br />* y <br />? r876 <br />Bill Ritter. Jr. <br />Governor <br />Hams D. Sherman <br />Executive Director <br />Hal D. Simpson, P.E. <br />State Engineer <br />CONDITIONS FOR APPROVAL <br />® The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground water must <br />not occur during or after mining operations. If stormwater is contained on-site, it must infiltrate into the ground <br />or be released to the natural stream system within 72 hours, or all work must cease until a substitute water <br />supply plan, or augmentation plan approved by water court, is obtained. Reclamation plans must ensure water <br />will not be retained onsite for more than 72 hours unless an augmentation plan approved by water court is <br />obtained. <br />? The proposed operation will consume ground water by: ? evaporation, ? dust control, <br />? reclamation, ? water removed in the mined product, ? processing, ? other% <br />Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pit or other <br />type of well permit, as applicable. However, prior to obtaining a permit, an approved water supply plan or <br />decreed plan for augmentation is required. <br />? Prior to approving a well permit, the applicant must conduct a field inspection of the site and document the <br />locations of all wells within 600 feet of the permit area. The applicant must then obtain a waiver of objection <br />from all well owners with wells within 600 feet of the permit area or request a hearing before the State <br />Engineer. <br />® Other: All monitoring wells must be permitted with the Divison of Water Resources. All wells producing water <br />for use by the mine must be permitted with the Division of Water Resources. According to the permit <br />application, Wells 1 and 2 are used for dust control and fire suppression inside the mine. Division of Water <br />Resources permit numbers could not be determined for these wells. <br />This area is considered water critical so it is likely that a water court approved augmentation plan will be <br />required by the Division of Water Resources in order to use any wells for mine related activities. It does not <br />appear that there is an augmentation plan in place. <br />The mine will have to provide engineering to show that the groundwater is non-tributary if they wish to avoid <br />developing an augmentation plan. <br />COMMENTS: <br />