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<br />There are three ad,'udicated water sources within the proposed permit area. <br />Tne Temple Pcnc No. 2 and the Temple well No. 1 will be destroyed by mining. <br />Peabody has e.eecuted an agreement with the ~.,,ater right owner(s) to replace <br />tnes2 two ;~UrC3; 0;J leaving Pcnd 006 as a permanent impoundment. The Frank <br />Temple Stoc'K Pond i; an unad•;uoicated water source which will be cestroyee by <br />mining of the ncrth pit, and Peaccdy has arranged to leave Pone 005 as a <br />permanent rrSpiac?rent water source. Peabody has not, hcwev2r Demo r,trated the <br />right under Colorado avatar 1a~n to store the oropcsed 16.46 acre--eel or .valor <br />in Pcnd 005` -he~z'ora the follcwing Stipulation is necessary: <br />Stioulat'on Vo. 16: <br />PRIOR TC'' 3EINNING CONSTRUCTION OF POND 005, THE ~PP'IC?ii- SH~L'_ PROVIDE <br />THE DI`IIS:CN WITH DCCJMENTraTION OF THE RI ;HT UNDER CCIOR~.DO WriTER LaW TO <br />STORE 16.x5 ACRE-FEET OF WAiE.R IN POND 005. <br />Peabody hasan augmentation plan approved by the Water Division 6 Water Court <br />to replace any other sources which may be impacted, and to prcvide supplies <br />when a callis placed on Dry Creek by senior water users. The plan also <br />approved a J~eil permit for the operation's Trout Creek Sandstone water-;uocly <br />well which fiad previously been denied. <br />With accectance of the one Stipulation, the proecsee operatior. i; in <br />Compliance pith the reauiremer.ts of this section. <br />VIII. Alluvial 'Ja11ev Flcor; - Rules 2.06.3. 2.07.6(2)(k). and 4.24 <br />As Dart of PR .~'. the applicant submitted adequate information for the <br />Division to mare the required alluvial valley floor (AVF) peterm`nati•Jn and <br />Findings in accordance with Section 2.06.3 of the Regulations. Information on <br />alluvial valiev floor; is crcvided in Tabs 16 and 17 of the acolication. <br />minat~on <br />Peabody Coal conducted an extensive alluvial valley floor investigation of the <br />permit and adjacent area. This study included the use of aerial photos, <br />alluvial co~pletion wells, Stream gaging stations, and consultation with <br />consulting firms and Federal agencies. The study identified areas along <br />Hubberson Gt)lch, Dry Creek and Sage Creek which meet the cri*.eria for <br />designationas alluvial valley floor; (AVF~. Based on information available <br />3t thls time. the Di'~iiiOn CCn;ideri dll land; md00ed 3; Oa and Qvf On <br />Exhibit 15-? t•c pe ailu•iial valley fico~•;. <br />-20- <br />