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<br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br /> <br />March 4, 2011 <br />P. 0:??011 <br />Janet Binns, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 _ <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director/State Engineer <br />Re: Colowyo Mine, Collom Pit (Permit No. C-1981-019) <br />Permit Revision Application No. 3 <br />Dear Ms. Binns: <br />The Division of Water Resources has reviewed the Colowyo Mine, Collom Pit Expansion <br />(Permit No. C-1981-019) Permit Revision Application. The applicant proposes to expand the <br />permit area to incorporate the Collom Pit. The expansion will incorporate an additional 16,833 <br />acres (2,244 disturbed acres) into the permit area for a total permit area of 29,084 acres. <br />Multiple seams within the Collom Pit will be mined through two separate pits in the Collom area. <br />The coal mining operation is located approximately 28 miles south of Craig in Moffat and Rio <br />Blanco Counties. The State Engineers Office (SEO) offers the following comments on this <br />project: <br />The applicant proposes to "capture storm water that enters the mining operations and <br />water that occurs on the mining operations and allow it to evaporate or infiltrate the ground." <br />Though the stream system in the location of the currently proposed Collom mining operation is <br />not overappropriated, other areas within the permit boundary are in overappropriated stream <br />systems. All storm/surface/mine water drainage captured within the overappropriated areas of <br />the mining site are subject to administration. If storm water in the overappropriated stream <br />systems is not diverted or captured in priority, Colorado water law requires it to be released, or <br />replacement for evaporation will be required of the impounder/operator/owner of the operation. <br />The State Engineer's policy requires that all water impounded out of priority be released to the <br />stream system within a maximum of 72 hours after impoundment. Additionally, If the <br />construction of any ponds/pits exposes ground water, the pond/pit must be backfilled <br />immediately until a well permit issued pursuant to CRS 37-90-137(2), allowing the exposure of <br />ground water in a pond/pit, is obtained from the State Engineer. <br />Per SEO requirements, wells drilled under Monitoring Hole Notices cannot be converted <br />to production wells at a later date. The planned dewatering operations (the application indicated <br />that the water from the dewatering wells will subsequently be used) will require that the <br />applicant obtain production well permits; if these wells are constructed under MH Notices they <br />will not be eligible for the required permits. This office recommends that the required non- <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 <br />http://water.state.co.us