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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />April 5, 2012 <br />COLORADO <br />Q I V I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Mr. Ron Thompson Executive Director <br />Mine Manager Loretta E. Pineda <br />Director <br />New Elk Coal Company LLC <br />122 West First street <br />Trinidad, CO 81082 <br />Re: New Elk Mine, C- 1981 -012, AVF Determination for South Fork of the Purgatorie <br />River <br />Dear Mr. Thompson: <br />At New Elk Coal Company's request, the Division has evaluated and made a determination <br />regarding the existence of an alluvial floor along the South Fork of the Purgatorie River, from <br />Bandarito Canyon to the confluence with the Purgatorie River. Please find the Division's <br />assessment as follows: <br />River and Diversions <br />Per the USGS county map, the South Fork of the Purgatoire River is a perennial stream. During <br />the inspection on 19 January 2012 there was significant flow in the river. <br />The Division of Water Resources maintains a database of diversions and water rights. This <br />database indicates that the South Fork has (or has had in the past) several diversion structures <br />including: the East Weston Pipeline, the Dorn Ditch, the Maes -Duran Ditch, and the Alejandro, <br />Torres, and Vigil Ditch. The database indicates that the Dorn Ditch has been used for irrigation <br />in the past. <br />Soils <br />Per the NRCS map (NRCS web survey at http: / /websoilsurvey.nres.usda.gov), the majority of <br />soils in the South Fork valley, within a couple hundred feet of the stream bed, are soil type <br />Molinaro Loam (Sw)_ This soil is characterized as follows by the NRCS: <br />• Landform: Fan remnants, terraces, valley floors. <br />• Parent material: Alluvium derived from sandstone and shale. <br />• Available water capacity: High (about 9.3 inches). <br />• Typical Profile: loam and clay loam to depth of 66 inches, with loam being the dominant <br />type. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />