2011-11-09_PERMIT FILE - C1981012A (3)

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Form No. OFFICE OF THE STATE ENGINEER GWS -25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866 -3581 APPLICANT NEW ELK COAL COMPANY 122 W 1ST ST TRINIDAD, CO 81082- (719) 845 -0090 Exhibit 11 531 WELL PERMIT NUMBER 286991 DIV. 2 WD 19 DES. BASIN MD APPROVED WELL LOCATION LAS ANIMAS COUNTY 1/4 1/4 Section 22 Township 33 S Range 68 W Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Section Line Ft. from Section Line UTM COORDINATES (Meters Zone:13.NAD83) Easting Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402 -2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37- 92- 602(3)(b)(1) for uses as described in CRS 37- 92- 602(1)(f). Use of this well is limited to monitoring water levels and /or water quality sampling. This well will be known as NE -S3. 4) Approved for a well location on that portion of Sec. 22, Twp. 33S, Rng. 68W, Sixth P.M., Las Animas County which lies within the New Elk Mine DRMS Permit No. C- 1981 -012 boundary. 5) Issuance of this permit does not grant the applicant a license or permit for injection into the aquifer since such approval is not under the jurisdiction of the Division of Water Resources. Injection is not approved herein and prior to use of this well for injection purposes, the applicant shall obtain all necessary approvals for injection required by authorizing state, federal, and local agencies. 6) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 7) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 8) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 9) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 10) This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non - standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction, 11) A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non - standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. 12) Pursuant to Rule 6.2.3 of the Water Well Construction Rules, the well construction contractor shall submit the as -built well location on work reports required by Rule 17.3 within 60 days of completion of the well. The measured location must be accurate to 200 feet of the actual location. The location information must include a GPS location (UTM coordinates) pursuant to the Division of Water Resources' guidelines. NOTE: Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. Additionally, pursuant to Rule 14.2 of the Water Well Construction Rules (2 CCR 402 -2), monitoring holes constructed pursuant to a monitoring hole notice shall not be converted to a production well. (Upon obtaining a permit from the State Engineer, a monitoring hole may be converted to a monitoring well, recovery well for remediation of the aquifer, or a dewatering system for dewatering the aquifer.) NOTE: This permit will expire on the expiration date unless the well is constructed by that date. A Well Construction and Test Report (GWS -31) must be submitted to the Division of Water Resources to verify the well has been constructed. An extension of the expiration date may be available. Contact the DWR for additional information or refer to the extension request form (GWS -64) available at: http: / /www.water. state. co. us APPROVED � f CRF ice/ State Engineer B Receipt No. 3652909B DATE ISSUED -11 -08 -2011 By _ TE 11 -08 -2013