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DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />Zach Trujillo, Environmental Protection Intern <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />November 9, 2011 <br />%scot' <br />�OV 0 Z Q11 <br />Diviblon u' R ;la( nation <br />Mining and Safety <br />Re: New Elk Mine (Permit No. C- 1981 -012) <br />Minor Revision Application No. 99 (MR -99) <br />Geotechnical Work to be Performed in the Proposed RDA #1 Expansion Area <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />Dear Mr. Trujillo, <br />The Division of Water Resources (DWR) has reviewed the above - referenced New Elk Mine minor <br />revision application received by the Division of Reclamation, Mining and Safety (DRMS) on October 21, <br />2011. The application proposes field investigations and laboratory testing to verify field subsurface <br />conditions and to obtain geotechnical data necessary for the design of a coal mine waste pile In the <br />canyon immediately east of the existing coal mine waste pile. New Elk Mine is an underground coal <br />mining operation located approximately 25 miles west of Trinidad, CO on land within the Maxwell Land <br />Grant, Las Animas County. <br />According to information provided in the October 7, 2011 request fetter from Mr. J.E. Stover, field <br />investigations will include three borings and six test pits. Test pits are to be constructed by a rubber - <br />tired backhoe to depths of approximately 8 -10 feet or to bedrock /refusal and 6" diameter borings will <br />be drilled by a rubber -tired drill rig to depths of 50-70 feet, with one boring planned to be converted to <br />a 2" diameter monitoring well. <br />Based on the proposed depths of the six test pits, it appears that they will not expose ground water. <br />However, should the construction of any pit result in the exposure of ground water, the pit must be <br />backfilled or fined immediately, or alternatively the applicant must obtain a valid well permit from the <br />SEO issued pursuant to CRS 37 -90- 137(2) which allows the exposure of ground water in a pit. <br />From the information provided, it appears that two of the three proposed borings will not be used for <br />accessing ground water or for water monitoring purposes; therefore, those two borings do not require <br />notification or permitting through this office at this time. The third boring to be converted to a <br />monitoring well will require either a notification or a permit from this office. If it is the intent of the <br />operator to plug and abandon the monitoring well within one (1) year of construction, they may <br />construct it under the Notice of Intent to Construct Monitoring Hole(s) by filling out and submitting <br />Form No. GWS -51 at least 3 days prior to construction. If it is the intent of the operator to use the <br />monitoring well for longer than one (1) year, or if the operator would like to retain maximum flexibility <br />in future permitting of the structure as a production well, this office recommends they construct it <br />under a monitoring well permit. A monitoring well permit may be applied for by filling out and <br />submitting the Monitoring and Observation Well Permit Application, Form No. GWS -46. Additional <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 -866 -3581 • Fax: 303 - 866 -3589 <br />www.water.state.co.us <br />