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_l g_ The applicant has suggested that the release of sediment deficient waters from the sediment ponds would cause downstream erosion. Should this occur, the erasion would begin immediately downstream from the sediment pond on Sudduth Draw. Given the infrequent nature of runoff in this area, this erosion, as it occurs, should not be so severe as to affect the essential hydrologic functions of Sudduth Draw. The potential for erosion could be minimized if water from the mine pit is not discharged to Sudduth Draw. Ground Water and sub-irrigation in Sudduth Draw The alluvium of Sudduth Draw is recharged during snowmelt and precipitation events when this intermittent stream is flowing. The stock ponds located along Sudduth Draw provide sufficient detention time to increase recharge and to sustain sub-irrigation for longer periods of time. There is a spring tributary to Sudduth Draw in the Old Sudduth Mine, Section 15, T9N, R78W. Upon examining the color infrared aerial photos of the northern portion of Pit No. 3, it was determined that this spring does not provide significant water to Sudduth Draw. Also Kerr Coal has determined that this spring increases salt loading in Sudduth Draw (p. 780-126a). This spring will be destroyed during mining of Pit No. 3. This will not significantly effect the flows in Sudduth Draw. The mining of Pit No. 3 to its northernmost extent will impact the quantity of water flowing in Sudduth Draw and sub-irrigation in its valley. Water will infiltrate the alluvium and recharge the underburden, the Sudduth Coal seam and the overburden, and recharge the spoil in the dewatered pit No. 3. The dewatering of Sudduth Draw, however could be minimized, so as to not preclude the essential hydrologic functions of Sudduth Draw. A stipulation relative to this concern was attached to the original permit, and was subsequently resolved. (See VI. Hydrologic Balance: Ground Water) The operation is in compliance with the requirements of this section. IX. Climatolo ical Information and Air Resources Rules 2.04.8 The proposed operation at the time of permitting, did not have final approval from the Colorado Department of Health - Air Pollution Control Division for an emissions permit relative to the proposed coal mining activities. In order to find the application in compliance with 2,05.6(1)(a), the following stipulation was necessary. Kerr Coal is required to update this permit accordingly as initial or final decisions are rendered relative to pending Emissions Permit Applications for the proposed coal mining activities. This stipulation was resolved with the issuance of Emission Permit Number C-13.080-1. The operation is in compliance with the requirements of this section.