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iii iiiiiiiiiiiuiii <br />MINED LAND RECLAMATION DIVISION <br />Department of Natural Resources <br />13t3 Sherman St., Room 275 <br />Denver, CO 80203 ' <br />303 866-3567 <br />FAX. 303 832-8706 <br />• <br />STATE OF COLORADO <br />of ~o~ <br />~: -' ~, <br />~`%.g <br />mar ,g ? `+a <br />Roy Romer, <br />Governor <br />DATE : May 13 , 1991 Div lion Di actor <br />T0: Larry Routten <br />FROM: Bill Crick <br />RE: Seneca II-W (C-82-057), Permit Revision, 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 />hty 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 Peabody must either provide the Division with documentation <br />of the right to store 16.40' acre-feet of water in Pond 005, or commit to <br />obtaining the water right prior to construction of the pond. <br />5550E/lac <br />