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<br />A" <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />March 29, 2011 <br />Kent A. Gorham, Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: New Elk Mine (Permit No. C-1981-012) <br />Technical Revision Application No. 56 (TR-56) <br />Incidental Permit Boundary Change and 2011 Mine Plan <br />Dear Mr. Gorham, <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director/State Engineer <br />cm t,,?r, r <br />MAR <br />Division 01 <br />Mining and Safety <br />The Division of Water Resources (DWR) has reviewed the above-referenced New Elk Mine technical <br />revision application received by the Division of Reclamation, Mining and Safety (DRMS) on February 18, <br />2011. The application proposes an increase to the permit boundary area of 22.5 acres within the <br />Division of Wildlife owned surface and coal, as well as proposes development only mining in the Allen <br />seam north of the existing portals and "development and retreat" mining in the Apache seam south of <br />the existing portals. New Elk Mine is an underground coal mining operation located approximately 25 <br />miles west of Trinidad, CO on land within the Maxwell Land Grant, Las Animas County. <br />No information was provided in the application materials concerning the estimated water demand and <br />proposed water supply for operations at the mine. This office, referred to as the State Engineer's Office <br />(SEO) hereafter, strongly recommends that DRMS require the applicant to outline, in detail, the <br />estimated water demand of operations at the mine in addition to the water supply proposed to meet <br />such demands. Such information is imperative in determining whether operation of the mine will <br />impact or cause injury to vested water rights. The SEO has received information from the DWR Division <br />2 office in Pueblo concerning the approval of an administrative exchange for up to 250 acre-feet of <br />water from the City of Trinidad, and recommends the applicant include pertinent details regarding the <br />exchange when outlining their proposed water supply. <br />As stated in a previous comment letter to DRMS dated March 3, 2011, any stormwater contained onsite <br />must infiltrate into the ground or be released to the natural stream system within 72 hours. If this <br />condition cannot be met, a substitute water supply plan, or augmentation plan approved by water <br />court, must be obtained to offset depletions associated with any out-of-priority surface diversions <br />and/or evaporative losses. Additionally, if the construction of any pond has exposed ground water, the <br />pond must be backfilled or lined immediately, or alternatively the applicant must obtain a valid well <br />permit from the SEO issued pursuant to CRS 37-90-137(2) which allows the exposure of ground water in <br />a pit. <br />Page 2.05-3 of the application materials discusses four phases of the operation plan. Phase I began in <br />December 2008 and included dewatering from the East Portal airshaft and other boreholes using surface <br />powered pumps. Should further dewatering be necessary in the future, the applicant shall obtain <br />dewatering well permits, issued pursuant to CRS 37-90-137(2), prior to construction of wells and/or <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-8.66-3581 • Fax: 303-866-3589 <br />http://water.state.co.us