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-20- <br />the discharge of spoil water will subsequently degrade the quality of surface <br />and ground water. The discharge rate for the spoil aquifer will dictate <br />the degree of degradation. The rate of spoil water discharge will be a function <br />of the recharge rate (infiltration and deep percrolation rates) of the reclaimed <br />spoils. The estimated recharge rate for the 13 acres of reclaimed sg~ils over <br />the spoil aquifer is 1 gallon per minute (gpm). Therefore, the rate of discharge <br />from the spoil aquifer will be less than 1 gpm for the existing pit. A <br />calculation of the discharge rate for the spoils aquifer developed in the <br />Barren Ridge area also has been estimated to be less than I gpm. Given a mean <br />value for spoil water quality of approximately 5,000 mg/1 for TAS (data from <br />other surface mines in the state); a mean value for alluvial water quality of <br />approximately 650 mg/1 for TDS; an estimated flow rate within the alluvial aquifer <br />of 55,555 gpm across t1-.e alluvial valley floor; and a flow rate from the two <br />spoils aquifer of 2 gpm; the total degradation which would result from the two <br />spoil aquifers [pill be 0.03 or an increase of O.IB mg/1 TDS. This quality <br />change will be negligible and thus there will be no material damage to the <br />quality of water recharging the AVF both on- and off-site. <br />As mentioned in Section vli, Water Rights and Replacement, during periods of <br />extreme drought a call may be placed on the water rights held by Mel Martinez <br />and by the two senior water rights holders downstream. This would result in a <br />reduction of approp__*iated roarer right from 8.5 cfs to 2,5 cfs. With an estimated <br />consumptive use of 5.4 cfs for irrigation on the Martinez property, there will <br />be a deficit in water required for the agricultural activities on the AVF <br />adjacent to the mine. Any use of water by the mine during periods when there <br />is a call on the water appropriated from Stollsteimer will impact the quantity <br />of water supplied to AVF's downstream of the mining operation. As well as <br />the quantity supplied to the AVF on the Martinez property. During such <br />periods the operator should cease all consumptive use of water in order to be <br />both in conformance with Colorado Fla ter Law and Alluvial Valley Floor sections <br />of the Colorado Surface Coal Mining Reclamation Act. Therefore, the fallowing <br />stipulation is required to find t1~e applicant in compliance with Rules 2.04.7(3), <br />2.05.6(3)(a)(ii), 2.06.8, 2..07.6(2)(c), 2.07.6(2)(k), 4.05.15, and 4.24. <br />Stipulation <br />7. DURING ANY PERIOD WHEN THE 2 JUNIOR WATER RIGHTS (TOTALIJJG 6 cfs) HELD <br />BY ;9EL MARTId'EZ ARE UNDER CALL BY THE 2 SENIOR W.A TER RIGHTS A7WNSTREAM <br />FP.OM THE MINING OPERATION, A,VD DURING A TOTAL CALL OI/ ALL WATER RIGHTS <br />}IELD BY 19EL htARTINEZ, TN.E CNIDINEI' ROCK COAL COMPANY AND ANY SUCCEEDING <br />OPERA7CJRS SHALL WITNDRAW I7O WATER TRIBUTARY TD SIGLLSTEIh1ER CREEK FOR <br />CONSUMPTIVE USE. WITHDRAfJAL OF WATER SHALL INCLUDE BOTH GROUND AND <br />SURFACE WATERS TR IBUT.IRY TO SITOLLSTEIMER CREEK. CONSUMPTIVE USE SBALL <br />INCLUDE nLL [/ATER USED BY THE MINING OPERATION FOR DOMESTIC USE, DUST <br />SUPPRESSIOi/, AND L/ASHDO[/N OF £QUIPME,YT, OR CONSUMED THROIiGH EVAPORATIVE <br />LASS FROM FONDS, IPIPOUNDA'ENTS, AND/OR PIT SUMPS. <br />