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Information pertaining to water rights is contained in Tab 16 (Protection of the Hydrologic Balance) of the permit revision application. All water rights in the area of the operation are listed in Table 16-1, and approximate locations are mapped on Exhibit 16-1. Attachments 16-A and 16-B are water rights studies performed for Seneca Coal Company. There are three adjudicated water sources within the proposed permit area. The Temple Pond No. 2 and the Temple well No. 1 will be destroyed by mining. Seneca has executed an agreement with the water right owner(s) to replace these two sources by leaving Pond 006 as a permanent impoundment. The Frank Temple Stock Pond is an adjudicated water source which will be destroyed by mining of the north pit, and Seneca has arranged to leave Pond 005 as a permanent replacement water source. Seneca Coal Company has an augmentation plan approved by the Water Division 6 Water Court to replace any other sources which may be impacted, and to provide supplies when a call is placed on Dry Creek by senior water users. The plan also approved a well permit for the operation's Trout Creek Sandstone water-supply well. For the £rst couple years following cessation of coal extraction (2006 and 2007), large scale reclamation activities will occur over significant acreages. Backfilling and grading operations will be completed during 2006 within remaining pit and spoil areas of the Wolf Creek/Sage Creek block, and portions of the Wadge mining areas in the Pond 016 and Pond 017 watersheds. The upper segment of Haul Road "A" and all remaining haul roads in the South Extension Area will either be eliminated or reduced to postmine configuration, if proposed for permanent retention ("A°, "J°, and segments of "K" and "L"). The shop facilities area is scheduled for facilities demolition and final grading in 2007, along with width reduction along the lower section of Haul Road "A° and the Mine Entrance Haul Road. Drainage channel construction, topsoil redistribution, and revegetation operations will be conducted contemporaneously, with most of this work wmpleted during 2006 and 2007. Sedimentation ponds (unless approved for permanent retention) will be reclaimed in subsequent years, upon demonstration that disturbed areas are not contributing sedimentation in excess of pre-mine conditions. Reclamation success will be demonstrated in compliance with applicable requirements for phased bond release. Revegetation success for final bond release will be demonstrated after a minimum 10 year period following completion of initial seeding (or remedial seeding that does not qualify as normal husbandry). Success will be demonstrated by statistically comparing the reclaimed areas to approved reference areas and technical standards. Seneca !I-W Findings Document 19 June 12, 2006 Perini[ Renewal No. 5