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From a historical perspective, most of the Pond 013 embankment and a portion of the pool area <br />was constructed inside the stream buffer zone for Tuttle Draw. During construction and to date, this <br />has not created any adverse impacts to Tuttle Draw. The embankment and areas directly adjacent <br />to the pond are very well vegetated and do not exhibit any visual impacts from the presence of the <br />pond inside the stream buffer zone. In accordance with Rule 4.05.18, the pond location within the <br />buffer zone has not caused or contributed to a violation of applicable water quality standards. As <br />constructed, the pond is capturing all surface water runoff from the mining operation and <br />discharging through an approved outfall which is in compliance with New Horizon's current water <br />quality discharge permit. Moreover, during and after mining, the Pond 013 location will not impact <br />water quantity and quality as it will be removed post mining and reclaimed to prime farmland. <br />Finally, Pond 013 does not create a temporary or permanent channel diversion. <br />The foregoing discussion has been provided to support WFC's right to enter the stream buffer zone <br />of a perennial and intermittent stream to construct parts of the C -18 (East Ditch) directing runoff to <br />Pond 007, installation of the trench drain pipe on the ground surface and the presence of Pond 013 <br />adjacent to Tuttle Draw. The approval is predicated on WFC's commitmentto protectthe hydrologic <br />balance by minimizing and mitigating the disturbance using the above - referenced engineering <br />design and mining and reclamation plans. <br />Water Rights and Alternative Water Supplies <br />Introduction <br />A new inventory of water rights around both New Horizon mine sites was made in 2001. Ground <br />water rights within the immediate region (2 mile radius) around the New Horizon Mine are presented <br />in the Appendix to Section 2.04.7 -1. In all, 29 ground water rights have been identified in the <br />vicinity of the New Horizon 1 and New Horizon 2 mining areas. All monitoring wells installed by the <br />permittee and domestic wells within the surrounding area are shown on Map 2.04.7 -1 -A. Analyses <br />and programs integral to the Water Rights Plan are presented in several sections of the permit. A <br />review of these sections is appropriate. Pit inflow volumes and pit pumpage drawdown projections <br />are discussed and presented in Probable Hydrologic Consequences at the end of this section. <br />Impacts of mining discharges on downstream water quality and the shallow ground water quality <br />for water use considerations are also presented in Probable Hydrologic Consequences at the end <br />of this section. Specific ground and surface water monitors for the purpose of verifying drawdowns <br />and changes related to water rights in streamflow volumes will be agreed to with CDMG. Finally, <br />the detailed water rights plan which integrates the above - referenced information is presented in <br />Attachment 2.05.6(3(b)(v) -1 (formerly Peabody Attachment 16 -1.). <br />Revised September 2014 (TR -64) 2.05.6(3) -12 <br />