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r COLORADO RECEIVED Division of Water Resources . Department of Natural Resources MAY 07 2015 1313 Sherman Street, Room 821 DIVISION OF RECLAMATION, Denver, CO 80203 MININGA 11016* iY May 6, 2015 Robert D. Zuber, Environmental Protection Specialist Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 Re: Colowyo Coal Mine (Permit No. C- 1981 -019) Permit Revision Application No. 4 Dear Mr. Zuber: The Division of Water Resources has reviewed the Colowyo Mine PR -4 (Permit No. C- 1981 -019) Permit Revision Application. The applicant proposes a number of changes one of which is the additional surface disturbance. The coal mining operation is located approximately 28 miles south of Craig in Moffat and Rio Blanco Counties. The State Engineers Office (SEO) offers the following comments on this project: The applicant indicates that they intend to continue to capture storm water that enters the mining operations and water that occurs in the mining operations and allow it to evaporate or infiltrate into the ground. Generally, parts of the stream system in the location of the mining operation are not overappropriated, while other areas within the permit boundary are in overappropriated stream systems. All storm /surface /mine water drainage captured within the overappropriated areas of the mining site are subject to administration. If storm water in the overappropriated stream systems is not diverted or captured in priority, Colorado water law requires it to be released, or replacement for evaporation will be required of the impounder /operator /owner of the operation. The State Engineer's policy requires that all water impounded out of priority be released to the stream system within a maximum of 72 hours after impoundment. Additionally, If the construction of any ponds /pits exposes ground water, the pond /pit must be backfilled immediately until a well permit issued pursuant to CRS 37 -90- 137(2), allowing the exposure of ground water in a pond /pit, is obtained from the State Engineer. Per SEO requirements, wells drilled under Monitoring Hole Notices cannot be converted to production wells at a later date. The planned dewatering operations (the application indicated that the water from the dewatering wells will subsequently be used) will require that the applicant obtain production well permits; if these wells are constructed under MH Notices they will not be eligible for the required permits. This office recommends that the required non- exempt permits be obtained prior to the construction of these wells. Also, if any wells have been completed without a valid MH Notice or well permit, the applicant will need to take immediate action to either plug and abandon or permit the wells through the SEO. Qp C'- 0 \ 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.2223 www.water.state.co.us o 1„ , ta+ klyx_ 1876