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NPDES permits. Effluent quality from the sedimentation ponds will be monitored to determine permit compliance. Subsidence effects have the potential to impact any or all springs, seeps, and ponds within the affected permit area. In order to protect water resources but still allow mining, the operator has developed a subsidence damage preventative mine plan, subsidence repair procedures, a water replacement plan, and an intensive monitoring system. The mine plan has been designed to preclude 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, COVCC will conduct limited coal extraction under streams to minimize the potential for any subsidence. Should damage to any pipeline, spring, pond, etc., be identified as the result of mining, COVCC 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 the operator to augment water to water users while any mine related damage is being .repaired. The operator 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 also agreed to reduce leaks and seeps on some ditches and has changed the point of diversion of the Overland Ditch from East Roatcap Creek to West Roatcap Creek:to further protect the rights of present water users. To protect stock and wildlife, the operator has committed to maintaining a designated number of stockponds on the permit area which will be protected from damage. When COVCC mines under Steven's and East Roatcap Creek, water may be encountered even if there is no subsidence. Faults and fractures may be encountered underground that are to communication with the stream and its associated alluvial/colluvial deposits. Dewatering bf these faults and fractures could diminish streamflow and the alluvium/colluvium when water is present. The limited depletions are not predicted to be significant enough to cause a major change in stream characteristics or impact the hydrologic balance. The only concern with diminishment of Steven's Gulch or East Roatcap Creek stream flow would be to water users within those drainages. The operator has responded to this concern in their water replacement plan. The Division's findings on this issue are included in the Water Rights and Replacement discussion in Section VII of this document. -30-