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III IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />7313 Sherman St.. Room 215 <br />Denver, CO 80203 <br />303 8663567 <br />FAX: 303 8326106 <br />DATE: May 13, 1991 <br />T0: Larry Routten <br />FROM: Bill Crick <br />OF'~~lp <br />ti~>R~ <br />M! <br />. ~~+ <br />.. <br />~ /e'16 ~ <br />Roy Romer. <br />Governor <br />Fred R. Banta. <br />Division Director <br />RE: Seneca II-W (C-82-057), Permit Rev isior7, Second Adequacy Review of <br />Ground Water and Water Rights Topics <br />I have reviewed the adequacy responses received from Peabody on April 29, <br />1991, and find no additional issues to be addressed at this time. Peabody <br />satisfactorily answered questions on the ground water monitoring program, and <br />committed to the suggested spoil spring monitoring schedule. <br />hiy only remaining question concerns the storage of water in Pond 005. I was <br />unable to locate in Tab 16 any indication that Peabody has filed for the right <br />to such water storage. According to representatives of the Division of Water <br />Resources, Peabody must obtain a conditional storage right prior to <br />construction of the pond. Since water will likely be stored out of priority, <br />any losses will need to be covered by an augmentation plan. Prior to approval <br />of this revision P eabody must either provide the Division with documentation <br />of the right to store 16.4x' acre-feet of water in Pond 005, or commit to <br />obtaining the water right Drior to construction of the pond. <br />5550E/lac <br />