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DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES March 3, 2011 Kent A. Gorham, Environmental Protection Specialist Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 Re: New Elk Mine (Permit No. C-1981-012) Technical Revision Application No. 55 (TR-55) Bates Portals Dear Mr. Gorham, John W. Hickenlooper Governor Mike King Executive Director Dick Wolfe, P.E. Director/State Engineer REcEmmn MAR 0 3 2011 Division o. +°euYa1'0f'. Mining and Safety The Division of Water Resources has reviewed the above-referenced New Elk Mine technical revision application. The application proposes to construct new portals and slope declines at the mine to access the Blue Seam, as well as the addition of facilities including belt lines, ventilation, fans, dewatering pumps, air heaters, and portable truck scales. The actual mining of the Blue Seam will be addressed in a separate application, and is therefore beyond the scope of these comments. New Elk Mine is an underground coal mining operation located approximately 25 miles west of Trinidad, CO on land within the Maxwell Land Grant, Las Animas County. In the letter of request, dated January 25, 2011, the applicant claims that no significant aquifers were encountered during the course of development and production at the New Elk Mine and none are expected in the slopes of the Blue Seam. The applicant then states that water from the slopes will be pumped to pond 1. The applicant also comments on Page 2.05-5d that two additional mine dewatering holes will be needed to dewater the old Allen works, and that each borehole will be constructed and permitted through the Colorado Division of Water Resources. This agency will require the aforementioned well permits, issued pursuant to CRS 37-90-137(2), prior to construction of the dewatering wells. Should the applicant use water collected from the underground mine, or store it in a pond for later release, the use and/or storage of any ground water will be subject to administration by this agency, including requirements of well permitting. Additionally, if the construction of any pond has exposed ground water, the pond must be backfilled immediately until a valid well permit issued pursuant to CRS 37-90-137(2), allowing the exposure of ground water in a pit, is obtained from this office. Due to the over-appropriated status of the stream system in this location, any well permit applied for under CRS 37-90-137(2) that would allow consumptive use or evaporative loss of ground water will require a court-approved plan for augmentation or a substitute water supply plan issued through the State Engineer's Office. The application also includes a stormwater management plan for the proposed Bates Portals. If stormwater is contained on-site, it must infiltrate into the ground or be released to the natural stream system within 72 hours, or all diversion of stormwater must cease until a substitute water supply plan, or augmentation plan approved by water court, is obtained. Thank you for the opportunity to comment on this application. If you have any further questions regarding this matter, please feel free to contact me directly at this office or contact the local Water Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 http://water.state.co.us