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C If f£v 007 <br />iA -/tf <br />Kaldenbach, Tom <br />From: Welt, Kathy [KWelt@archcoal.com] <br />Sent: Thursday, September 17, 2009 7:07 AM <br />To: Kaldenbach, Tom <br />Subject: RE: Mountain Coal Water Rights per CDRMS Applications TR-118 and TR-119 <br />I'll check with Craig to get written confirmation, but I had assumed that since he didn't have further <br />questions, he was OK. I'll let you know! <br />xathy Welt, <br />Environmental Engineer III <br />Mountain Coal Company, LLC <br />West Elk Mine <br />P.O. Box 591 <br />Somerset, CO 81434 <br />Phone (970) 929-2238 <br />Cell (970) 433-1022 <br />Fax (970) 929-5050 <br />From: Kaldenbach, Tom [mailto:Tom.Kaldenbach@state.co.us] <br />Sent: Thursday, September 17, 2009 6:25 AM <br />To: Welt, Kathy <br />Subject: RE: Mountain Coal Water Rights per CDRMS Applications TR-118 and TR-119 <br />Kathy: I do not have the TR-118 file with me on the road. Did the SEO provide a response indicating you had <br />demonstrated adequate water rights? - Tom <br />From: Welt, Kathy [mailto:KWelt@archcoal.com] <br />Sent: Thu 9/3/2009 3:12 PM <br />To: Lis, Craig <br />Cc: Kaldenbach, Tom <br />Subject: Mountain Coal Water Rights per CDRMS Applications TR-118 and TR-119 <br />Hi Craig, <br />In response to your memos of September 1St to Tom Kaldenbach of the CDRMS in regard to <br />Mountain Coal Co's (MCC) application Nos. TR-118 and TR-119, attached are copies of the Water <br />Court diligence filing for Fresh Water Pond No. FW-2 (09CW107) and for the change of water rights <br />(09CW108). These filings are to perfect the nearly 10.0 acre-feet of conditional storage rights in FW- <br />2 and to "reorganize" MCC's other existing storage rights from the current locations of Ponds M13-1 <br />and M13-2, to the new M13-5E. I provide these documents to show that MCC has existing water <br />storage rights that will be handled in Pond M13-5E (as proposed per TR-119 to the CDRMS). Within <br />the FW-2 diligence filing is a discussion (see section 2.C.1. & 2.) of the background and other <br />diligence filings as well which provide a little history and further information on MCC's water rights. <br />Also attached is a copy of MCC's augmentation plan decree, containing additional background <br />information and showing that MCC has sufficient water rights in place to serve its current and <br />proposed operations. <br />Should you have further questions or require additional information, please let me know. <br />Thanks,