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Topsoil is removed and stockpiled or, when possible, live-handled. Following topsoil removal the overburden is blasted. Using the dragline, initial box cut spoil is placed onto previously stripped but unmined ground creating a temporary overburden stockpile with each successive cut going into the previous pit after coal has been removed. The resulting spoils are graded to approximate original contour, topsoiled and seeded. Raw coal is loaded onto haul trucks in each pit. The trucks will travel along the permitted haul road to County Road 53. The trucks continue on County Road 53 to the tie-across haul road which provides direct access to the Public Service of Colorado generating station at Hayden, Colorado. Coal may also be wcked to the Hayden-Gulch Loadout which is next to the Tie-Across Haul Road. All disturbed area runoff is controlled, treated and conveyed throughout the site to ensure compliance with applicable laws. Sediment pond 006 provides sediment control for disturbance within the south portion of the permit area. Ponds 005 and 009 treat runoff primarily in the northern portion of the permit area. Sediment ponds 015, 016 and proposed pond 017 treat the runoff from the southern extension area. No crushing, screening or washing of coal is proposed. Since no coal processing is planned, the operation will not produce coal mine waste. Non-coal waste will be disposed of offsite at an approved dump site. Upon cessation of mining activities the following will occur; surface facilities will be removed, all surface disturbances including variance areas will be regraded to approximate original contour, topsoil will be redistributed over the area and the area will be revegetated. Reclamation success will be determined by statistically comparing the reclaimed areas to approved reference areas. Due to the nature of the mining plan, the application contains a request for a variance from the contemporaneous reclamation requirements of Rule 4.14. This request is discussed further in Section VII of this document. 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 11-W Findings Document 10 June I5, 2001 Permit Renewal No. 3