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~~Resources, I <br />December 28, 2006 <br /> <br />RECEIVED <br />JAN 2 22007 <br />piyigion of Reclamation, <br />Mining and Safety <br />Steve S. Shuey <br />Division of Reclamation, Mining and Safety [i~ <br />Grand Junction Field.Office <br />RECEIVED <br />JAN 0 32007 / <br />GRAND JUNCTM;RA F9EiB9 CIF <br />DM51pN.LrF <br />RECLAMATION MlNING.B.r~A'F(ETr}1' <br />101 South Third Street, Room 301 <br />Grand Junction, CO 81501 <br />RE: Benson Brothers Red Shale Pit, File No. M-2005-071 TR-O1,~Iew water source for dust <br />suppression, ~~ <br />Dear Ivlr. Shuey: <br />Benson Brothers have completed the process for an adjudicated water right to use water from the coal <br />mine seepage pond on their property for dust suppression on the Benson Brothers Red Shale Pit property. <br />The seepage pond is known as the BB Seep and is on property adjacent to, but not within the affected land <br />boundary. The water will be obtained from the seep by setting a pump at the seep pond and pumping into <br />a water truck or to the mine site via above ground plastic water pipe. No permanent structures or surface <br />disturbance will be associated with using this water source. The impacts from use of this water were <br />investigated by the Water Referee and the State Engineers Office and the Decree"was issued November <br />21, 2006, Case No. 06C W60. A copy of the Findings and Ruling of Referee and Decree are enclosed. <br />Use of this water on the affected lands is the same as stated in the permit application for water hauled <br />from outside sources. This letter is intended to serve as the Technical Revision committed to in Item 23 <br />of the first Adequacy Response for this pit. <br />Please let me know if there is any additional information that you need. Thank you for your "assistance in <br />this matter. <br />Sincerely, <br />~~~/d~ <br />Michael Ripp <br />Consultant <br />EO. Box 54 • Delta, CO 81416 <br />(970) 874-5127 • Fax: (970) 874-3161 • e-mail: mvripp®aol.com <br />