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for evaluating impacts to both righted and unrighted sources are identified in Tab 18, and are described <br />or referenced in Tab 15, Hydrologic Monitoring Plan. For Seneca II-W South, the nearest new water • <br />rights identified were the Fredrich #1 and #2 springs located less than two miles east of the pit <br />footpint. The three other "new" rights are more a::sociated with Seneca II-W. <br />Water Rights Protection and Mitigation. Three pre~~existing water sources within the Seneca II-W permit <br />boundary that have registered water rights have keen identified: Temple Pond No. 1; 21 Temple Pond <br />No. 2; and 31 Temple Well No. 1 Isee Table 16-1 and Exhibit 16-1 ). Both Temple Pond No. 2 and <br />Temple Well No. 1 will be or have been removed by mining-related activities. Peabody has <br />consummated agreements with the owners of these two sources to replace these sources with water <br />of at least similar or better water quantity and quality (see Appendix 16-i, Agreement and Stipulation - <br />Pond 006, and Agreement -Temple Well No. 1). Based on current mining plans, Peabody does not <br />anticipate that Temple Pond No. 1, located in thf: upper portion of the 006 Pond watershed, will be <br />affected by mining; however, Peabody will replace this righted water source with water of at least <br />similar or better water quantity and quality if mining-related activities significantly jeopardize its <br />usefulness as a water source for its registered uses. <br />A significant, unrighted water source will be removed by mining to be conducted in the northern mining <br />area of the Seneca II-W Mine (Frank Temple Stocl; Pond, see Exhibit 16-11. Peabody has agreed with <br />the owners to provide sufficient water quantity and quality for replacement Isee Appendix 16-1, <br />Agreement and Stipulation -Pond 0051. Finally, several unrighted stock ponds both within and <br />immediately adjacent to the Seneca II-W permit boundary have been identified (see Exhibit 16-11. • <br />Based on Peabody's mine plan, none of these stock ponds will be disturbed or affected. <br />Water Rights Augmentation Plan. The process of applying for and securing water rights for Peabody's <br />mining-related water usage resulted in the approval by the State of Colorado (Office of the State <br />Engineer, Division of Water Resources) of a plan for water rights augmentation. This augmentation <br />plan was developed due to over-appropriation of water rights in the Dry Creek Basin, and projected <br />depletion's to Sage Creek stream flow due to pumpage from Peabody's Seneca II-W Well No. 1. <br />Exhibit 16-1 presents the "Referee's Ruling" document which contains specific information such as <br />structures to be augmented li.e., Seneca II-W Mine Pond 0061, water rights to be used for <br />augmentation, and the statement of plan for augmentation. <br /> <br />it Revision 9/98 <br />