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tt <br />Re: <br />Dear Mr. Hernandez, <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WATER RESOURCES <br />September 14, 2011 <br />Daniel I. Hernandez, Senior Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RECEIV <br />SEP 15 2011 <br />T7 +viy.u'i `'' fa ear n, <br />Mining nd <br />New EIk Mine (Permit No. C- 1981 -012) <br />Minor Revision Application No. 96 (MR -96) <br />Relocation of Exploration Drill Hole NE -16 -11 to Within Mine Permit Boundary <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Dick Wolfe, P.E. <br />Director /State Engineer <br />The Division of Water Resources (DWR) has reviewed the above - referenced New EIk Mine minor <br />revision application received by the Division of Reclamation, Mining and Safety (DRMS) on September 6, <br />2011. The application proposes to relocate an exploration drill hole (NE- 16 -11) to a location within the <br />New EIk Mine permit area. New EIk Mine is an underground coal mining operation located <br />approximately 25 miles west of Trinidad, CO on land within the Maxwell Land Grant, Las Animas County. <br />According to information provided by Ms. Susan Patton, New EIk Mine does not plan to use the <br />exploration borehole described in MR -96 for water monitoring purposes; therefore, the subject <br />borehole does not require notice or permitting through this office at this time. However, should New. <br />EIk Mine desire to use the borehole for accessing ground water in the future, including access for <br />monitoring and observing purposes, they shall make application with this office to do so at that time. <br />With regard to item #3 of your September 12, 2011 adequacy letter to Ms. Susan Patton, any <br />stormwater contained onsite must infiltrate into the ground or be released to the natural stream system <br />within 72 hours. If this condition cannot be met, a substitute water supply plan, or augmentation plan <br />approved by water court, must be obtained to offset depletions associated with any out -of- priority <br />surface diversions and /or evaporative losses. Additionally, if the construction of any pond has exposed . <br />ground water, the pond must be backfilled or lined immediately, or alternatively the applicant must <br />obtain a valid well permit from the SEO issued pursuant to CRS 37 -90- 137(2) which allows the exposure <br />of ground water in a pit. <br />Thank you for the opportunity to comment on this application. If you have any further questions <br />regarding this matter, please feel free to contact me directly at this office or contact the local Water <br />Commissioner. The Water Commissioner for District 19 is Jeff Montoya, who may be contacted at (719) <br />680 -1052 or via email at Jeff.Montoya @state.co.us. <br />RECEIVED <br />SEP 142011 <br />Division of Reclamation, <br />@Aiaaing b Oiafety . <br />Office of the State Engineer <br />1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303 - 866 -3581 • Fax: 303 - 866 -3589 <br />http: / /water. state. co.us <br />