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-la- VIi. Water ki~hts and ke lace~nent - 2.04.7(3), 2.U5.6(3)(ii Infunnation un alternative water supply can be founu in Volwne 1, Ser_tion 2.04, paye 2.04-53 and in appendix F, paye 16. keview of the water riyhts aspects of the operation was conducted with the assistance of the Colorado uivision of Water kesources - State Enyineers Office (SEU). Water used at the mine for operational or domestic purposes is from underyruund ~uine inflows. U.~. 5teel has well permits and decreed water rights for mine consumption and is currently in compliance with State Water Law. Excess mine water not consumed is settled in underyround sumps and discharyed into Bear Creek in accordance with NPOES Permit requirements. Hn average of approximately tiU percent of the mine inflows are discharyed pack to the surface water system. The advancing Somerset Mine workinys passed under and beyond Huobard Creek during 19d1. The operator designed the entry widths, pillar size, and entry spacing to preclude pillar failure, subsidence, and the possiole interception of Hubbard Creek Flow. Stability calculations, a subsidence monitoring plan above the workings in Hubbard Creek, and a 400 foot buffer zone along the creek that prohibits future workings is included as part of this proposed permit. The advancing entries of thie mine passed under interinittant roof cracks which have discharged various amounts of water. The water inflows have been measured by the operation for three consecutive years (See Somerset Hine Inflow Studies) and show ti~at inflows generally decreased as the distance to the working faces increased. This might indicate that the roof cracks are either sealiny or are nut being significantly recharged by a water source. it can not be predicted what the future mine inflows will be for areas mined under this permit term. However, all mine workings in the future within 400 feet of the creek will oe by limited extraction which should reduce the potential for any larye future depletion of the creek. The operator has been sampling the water quality from the roof seeps and cracks to dete rnrine the source of the inflows. The results of the analysis included in the application shows that the mine inflow water differs in quality from the Hubbard Creek surface water or alluvial water. This nay indicate that Huooard Creek is not the source of the inflo~.vs. suture monitoriny will indicate both the quality and quantity of the inflows. If the monitoring data shows that the mine water quality continues to differ from Hubbard Creek and its alluvium ur that the inflows continue to decrease this will support the applicants prediction that Hubbard Creek is not the source of the inflows. f~lonitoriny data on one alluvial well in Hubbard Creek used by Blue Riobon Coal ~o~npany does nut show any ~neasureable depletion despite the fact that U.S. Steel has already undermined this area. This fac[ also tends to support the operators conclusion that mine inflows are nut depleting Hubbard Creek.