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-31- Runoff from the waste disposal sites is routed through the sediment control system and must meet effluent limitations. Subsidence effects have the potential to impact any or all springs, seeps, and ponds within the affected permit area. However, CWI has been unable to obtain sufficient data to support this prediction. In order to protect water resources but still allow mining, CWI has developed a preventative mine plan, subsidence repair procedures, and a water replacement plan. The mine plan has been designed to totally avoid mining in certain critical areas where water rights exist. For example, the north extreme of East Roatcap Creek will not be undermined to prevent impacts to certain water rights. In areas where the overburden depth is less than 800 feet, CWI will conduct limited coal extraction under streams to minimize the potential for any subsidence. CWI has timed the sequence of mining to intentionally mine areas over the next five years that do not contain significant and critical water resources. This practice will allow CWI to mine, while at the same time enable the collection of hydrologic and subsidence monitoring data. Such data can then be used in later permit terms when significant water resources are in question. Should damage to any pipeline, spring, pond, etc. be identified as the result of mining, CWI will repair the damage in accordance with their "Subsidence Repair Handbook". This handbook, incorporated into Volume 3 of the application, contains detailed procedures that will be implemented to repair water resources and structures should they be impacted. A general water replacement plan has been prepared by CWI to augment water to water users while any mine related damage is being repaired. CWI has demonstrated water is available and can be transported to affected water users if damage occurs. Their water rights consist of both springs and ditch water that could supply a variety of users. Impacts on water users will not be all at once. Rather, impact will progress slowly over areas as coal is mined. The operator will not be mine at times when insufficient water is available to mitigate impacts. CWI also proposes to improve leaks and seeps on some ditches and divert one ditch water away from the mine area to further protect the rights of present water users. To protect stock and wildlife, CWI has committed to maintaining a designated number of stockponds on the permit area which will be protected from damage. Although CWI has devised the above plans to protect water resources, they are predicting no significant impacts to water users or water resources. However, until data is made available to verify this, the Division must assume worst case impacts. Even if subsidence effects were to appear, no significant long term damage to water resources would result. As previously mentioned, CWI will maintain designated ponds for stock and wildlife use. These ponds will always be available to suppy water. Runoff from the affected lands in the