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RICHARD D. LAMM Governor OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 March 1, 1985 iii-iiiiiiiuiiiiii JERIS A. DANIELSON State Engineer ~~~~d @I ~®!.! MAR 719~`t mtrleo U~rIO RECIt~P~lAT10~ OIV1319i1 Ccto. Colt, of ldztural Rescurc6s MEMDRAI`IDUM ~: Anne C. Baldrige, Mined Land Reclamation,IDivision FEmM: Hal D. Simpson, Assistant State EngineerlA ,, p /~f~"~ SUBJECT: Peabody Coal Company, Seneca II-W, File No. C-057-82 As requested, we have reviewed the above referenced coal mining operation in Routt Countyr seven miles south of Hayden. Peabody Coal Company plans to build two sedimentation ponds to collect runoff diverted around the areas to be mined. They have applied for conditional water rights for each pond and plan to pump water for dust control, etc. from the ponds. The two sedimenta- tion ponds will become permanent ponds to replace an unregistered stock pond and Temple Pond #2, a decreed stock pond, which will be destroyed by the mining operation. Peabody Coal Company also plans to drill a shop well for drinking, showers, etc. Water from the well will also be used for dust control, etc. as needed. An unregistered well (0.09 gpml will also be destroyed by the mining operation. A well permit is required to drill the new well. Since Dry Creek and Sage Creek are considered over-appropriated, the well permit will be denied. Before receiving this denial, Peabody Coal Company could submit a plan for augmentation to the Water Court. Upon the court's approval of the plan for augmentation, this office can issue the well's permit. The Water Court can only act upon the plan for augmentation after we have denied the original well permit application or if we have not acted upon the well permit application within six months, Although Peabody Coal Company has applied for a water storage right for the sedimentation ponds, plans and specifications prepared by a professional engineer registered in Colorado must be submitted to our office before con- struction begins. The granting of a decree by the Water Court will not relieve this responsibility. It should be noted that the proposed ponds must be capable of making releases in accordance with the priority system. Any runoff diverted into the sedimentation ponds when out-of-priority should be released back to the basin within 48 hours.