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Due to the nature of the mining plan, the application contains a request for a variance from the <br />contemporaneous reclamation requirements of Rule 4.14. This request is discussed further in <br />Section VII of this document. <br />Information pertaining to water rights is contained in Tab 16 (Protection of the Hydrologic <br />Balance) of the permit revision application. All water rights in the area of the operation are <br />listed in Table 16-1, and approximate locations are mapped on Exhibit 16-1. Attachments 16-A <br />and 16-B are water rights studies performed for Seneca Coal Company. <br />There are three adjudicated water sources within the proposed permit area. The Temple Pond <br />No. 2 and the Temple well No. 1 will be destroyed by mining. Seneca has executed an <br />agreement with the water right owner(s) to replace these two sources by leaving Pond 006 as a <br />permanent impoundment. The Frank Temple Stock Pond is an adjudicated water source which <br />will be destroyed by mining of the north pit, and Seneca has arranged to leave Pond 005 as a <br />permanent replacement water source. <br />Seneca Coal Company has an augmentation plan approved by the Water Division 6 Water Court <br />to replace any other sources which may be impacted, and to provide supplies when a call is <br />placed on Dry Creek by senior water users. The plan also approved a well permit for the <br />operation's Trout Creek Sandstone water-supply well. <br />Seneca R-W Findings Document 15 November 17, 2004 <br />Permit Revision No. 4 <br />