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<br />~J <br />The John C. Temple Reservoir and Olson Spring are the only surface water <br />rights shown by the applicant to be within three (3) miles downstream. The <br />reservoir is an irrigation right and mining will not affect this right. <br />The Olson Spring is a domestic and stock water right for 0.330 cfs. The <br />spring issues from the Dry Creek alluvium downstream of mining. There is a <br />potential for mining to affect this water right in terms of water quality <br />degradation. Peabody has proposed to monitor several sites upstream to <br />determine if the alluvium water quality is changing during and after mining. <br />Both the Olson Spring and the Temple No. 1 Well could be affected by the <br />proposed mining operation. Rule 2.05.6(3)(a)(ii) requires Peabody to provide <br />a detailed description of the measures to be taken during and after the <br />proposed mining to ensure the protection of the rights of users of water which <br />may be adversely affected by mining operations. No mitigation or augmentation <br />plan was presented in the permit application to ensure protection of the above <br />noted water rights. The following stipulation is necessary. <br />Stipulation No. 6 <br />PEABODY COAL COMPANY MUST PROVIDE A DETAILED DESCRIPTION OF THE MEASURES <br />TO BE TAKEN DURING AND AFTER MINING TO ENSURE PROTECTION OR MITIGATION OF <br />THE RIGHTS OF WATER USERS WHICH MAY BE ADVERSELY AFFECTED BY MINING. THIS <br />SHOULD BE SUBMITTED TO THE DIVISION FOR APPROVAL WITHIN 60 DAYS OF PERMIT <br />ISSUANCE OR PRIOR TO ANY MINING DISTURBANCE WITHIN THE MINE PERMIT <br />BOUNDARY. AT THE SAME TIME AS SUBMITTAL TO THE DIVISION, PEABODY MUST <br />SEND COPIES TO EACH OF THE WATER RIGHT HOLDERS OF RECORD FOR COMMENT. <br />A copy of this findings document will be sent to the water right holders for <br />comments on this section during the public comment period. <br />With the acceptance of the above stipulation this section is in compliance. <br />VIII. Alluvial Valley Floors - Rules 2.06.8, 2.07.6 (2 )(k ), and 4.24 <br />The applicant has submitted to the Division adequate information to make an <br />Alluvial Valley Floor determination in accordance with Section 2.06.8 of the <br />Regulations. <br />Peabody Coal has conducted an extensive Alluvial Valley Floor investigation <br />for Hubberson Gulch, Watering Trough Gulch, Dry Creek, and Sage Creek. This <br />study included the use of aerial photos, alluvial completion wells, stream <br />gaging stations, and consultation with consulting firms and Federal agencies. <br />Sage Creek Alluvium, east of <br />mining. Surface runoff from <br />ground water flow appears to <br />Water Hydrology). The lower <br />tie-across haulroad. Impact <br />in this section. <br />the proposed mine site, will not be affected by <br />the mine will flow to the west, while regional <br />be to the west/southwest (see Section V -Ground <br />reach of Sage Creek will be adjacent to the <br />> to alluvium at this site will also be discussed <br />-24- <br />