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Jason Musick, 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 />2011 Coal Exploration Notice of Intent (NOI -X- 2011 - 232 -01) <br />Amendment No. 3 <br />Add 16 New Exploration Holes <br />Dear Mr. Musick, <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />January 30, 2012 <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />The Division of Water Resources (DWR) has reviewed the above - referenced New EIk Mine Notice of <br />Intent received by the Division of Reclamation, Mining and Safety (DRMS) on January 20, 2012. The <br />amendment is requesting permission to drill an additional sixteen (16) exploration holes under NOI -X- <br />2011- 232 -01 within the New EIk Mine permit boundary. New Elk Mine is an underground coal mining <br />operation located approximately 25 miles west of Trinidad, CO on land within the Maxwell Land Grant, <br />Las Animas County. <br />According to information provided, it appears two of the proposed holes (NE -02 -12 & NE- 03 -12) will be <br />used to access ground water for water monitoring purposes and will require either a notification or a <br />permit from this office. If it is the intent of the operator to plug and abandon the monitoring well within <br />one (1) year of construction, they may construct it under the Notice of Intent to Construct Monitoring <br />Hole(s) by filling out and submitting Form No. GWS -51 at least 3 days prior to construction. If it is the <br />intent of the operator to use the monitoring well for longer than one (1) year, or if the operator would <br />like to retain maximum flexibility in future permitting of the structure as a production well, this office <br />recommends they construct it under a monitoring well permit. A monitoring well permit may be applied <br />for by filling out and submitting the Monitoring and Observation Well Permit Application, Form No. <br />GWS -46. Additional information concerning the aforementioned notification /permitting processes may <br />be found at: http:/ /water. state. co. us /groundwater/ wellpermit /Pages /ObservationHoles.aspx. <br />Thank you for the opportunity to comment on this application. If you have any further questions <br />regarding this matter, please feel free to contact me directly at this office or contact the local Water <br />Commissioner. The Water Commissioner for District 19 is Jeff Montoya, who may be contacted at (719) <br />680 -1052 or via email at Jeff.Montoya @state.co.us. <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 <br />RECEIVED <br />JAN 31 2012 <br />Division of Reclamation <br />Mining & Safety <br />