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numerous bedrock fractures. Even if Peabody's operations were not in this <br />area, this ditch would be unable to transmit 100 flow because of this <br />vegetation and fractures. Therefore, Colorado Co-operative Company's request <br />for 100$ flow guarantee is unrealistic. <br />However, because Colorado Co-operative Company does have a valid water right <br />on the Lower Second Park Irrigation Ditch, the Division does agree the water <br />quantity and quality of this ditch must be protected from Pea body's <br />activities. As addressed in Tab 7, Volume 3, Pages 7-63A to 7-636, if <br />Peabody's activities do cause diminution of water quality or water quantity, <br />Peabody will replace this water with comparable water quantity and water <br />quality in accordance with Colorado Water Law, Title 37. Based upon a review <br />of Peabody's past mining at the Nucla Mine and since the mining activities are <br />down-gradient of this ditch, the Division does not believe the water quantity <br />or quality of this ditch will be affected by Peabody's activities. To insure <br />this, the Division is incorporating the following stipulation as part of <br />Permit Renewal No. 1 approval. It is important to note that Peabody has not <br />previously monitored this irrigation ditch and requests for water quality and <br />water quantity data from the Colorado Co-operative Company were unanswered. <br />Also, the data will show a water loss from the upstream monitoring location to <br />the downstream monitoring location because of the aforementioned cracks and <br />phreatophytes. The collected data will, however, establish a benchmark of <br />current flow and quality through that portion of the Lower Second Park <br />Irrigation Ditch that transverses the permit area. <br />STIPULATION N0. 3 <br />PEABODY COAL COMPANY WILL INSTALL CONTINUOUS FLOW MONITORING DEVICES AT THE <br />UPSTREAM PERMIT BOUNDARY AND DOWNSTREAM PERMIT BOUNDARY OF THE LOWER SECOND <br />PARK IRRIGATION DITCH. THESE DEVICES SHALL BE INSTALLED AS SOON AS POSSIBLE <br />BUT NO LATER THAN AUGUST 1, 1988. WATER QUALITY SAMPLING SHALL COMMENCE <br />SIMULTANEOUS WITH THE INSTALLATION OF THE CONTINUOUS FLOW MONITORING DEVICES <br />AND SHALL BE SAMPLED AT THE SAME FREQUENCY AND FOR THE SAME CONSTITUENTS AS <br />THE OTHER SURFACE WATER MONITORING SITES OF THE NUCLA MINE. RESULTS OF THIS <br />MONITORING WILL BE INCORPORATED INTO THE ANNUAL HYDROLOGY REPORT. THE <br />DIVISION WILL ENTERTAIN DISCONTINUATION OF THIS MONITORING AFTER A MINIMUM OF <br />TWO YEARS OF MONITORING IF THERE IS NOT A WIDE FLUCTUATION IN DATA RESULTS <br />FROM ONE YEAR TO THE NEXT. <br />Runoff from the disturbed area within the Nucla Mine is controlled by a number <br />of sedimentation ponds at the mine. As a part of the Permit Revision No. 1 <br />application review, all of the ponds on site were reevaluated as to sizing <br />requirements, discharge structures and detention time provided in the design. <br />Previously, Peabody was granted a variance from the design requirements of <br />Rule 4.05.6 for Ponds 002-007 because they were located below areas of pre-law <br />disturbance or previous reclamation activities. Witty the change in mining at <br />the site, these ponds (except Pond 003) were upgraded and now meet the design <br />requirements of Rule 4.05.6. Pond 003 has not been upgraded and will still <br />-lla- May 6, 1988 <br />