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Mr. Paul Flack <br />1194 Pontiac St. <br />Denver, CO 80220 <br />Dear Mr. Flack: <br />Plan Operation <br />Depletions <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />April 25, 2012 <br />RE: New EIk Coal Company Substitute Water Supply Plan <br />Sec. 23, Twp. 33S, Rng. 68W, Sixth P.M. <br />Water Division 2, Water District 19 <br />SWSP ID 5320 <br />Approval Period: April 1, 2012 — March 31, 2013 <br />Contact Phone Number for Mr. Flack: 720 - 470 -1845 <br />RECEIV <br />MAY 0 1 2012 <br />Divrs on or Reclarnetion, <br />Mining and *&sty <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />We have received your November 28, 2011 request on behalf of the New EIk Coal Company <br />(NECC), located in Las Animas County, for a substitute water supply plan submitted pursuant to C.R S. <br />37 -92- 308(5). Per January 26, 2012 correspondence with Mr. Flack, it has been requested that we <br />evaluate the plan as originally submitted. Notice was provided to the Division 2 Substitute Water Supply <br />Plan ( "SWSP ") notification list on November 28, 2011. One comment was received on December 19, <br />2011 from Ms. Julianne Woldridge on the behalf of the Purgatory River Water Conservancy District, and <br />said comment was considered during review of this request. The $300 filing fee required for this plan <br />request has been accepted under receipt no. 3653106. <br />New EIk Coal Company operates the New EIk Mine ( "NEM "), an underground metallurgic coking <br />coal mine that is located approximately 25 miles west of Trinidad on land within the Maxwell Land Grant <br />in Las Animas County, Colorado. This request is submitted as required by Condition of Approval No. 7 <br />of the September 1, 2011 AMENDED Approval of Administrative Exchange — New Elk Mine which states, <br />"Water leased from the City of Trinidad's account /storage in the Trinidad Project may not be used outside <br />of the Purgatoire River Water Conservancy District ( "PRWCD ") boundary, per the Trinidad Project's <br />Operating Principles. Therefore, any future lease of Trinidad's water by New Elk Mine beyond March 31, <br />2012 must be approved pursuant to a SWSP or court approved augmentation plan." The purpose of this <br />request is to supply replacement water to NECC to augment depletions associated with out of priority <br />diversions (made during irrigation season and non - irrigation season) of water from the Purgatoire River <br />for coal washing and /or other mine operations. It is understood that the depletions under plans <br />submitted pursuant to C.R.S. 37 -92- 308(5) may not exceed five years. <br />The New EIk East Diversion (WDID 1900845) is located in the SW 'A of the NE 1/4 of Section 23, <br />Township 33S, Range 68W, Sixth P.M., on the Purgatoire River. NECC would Tike to utilize this <br />diversion on a year round basis such that the diversions may be made out of priority during the irrigation <br />season or non - irrigation season. It is anticipated that such diversions will range from 0.05 to 1.5 cubic <br />feet per second for coal washing and /or other mining operations, and the diversions will be considered to <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 />