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<br />88 CW 55 <br />Peabody Coal Co. <br />Page 7 <br />Colorado Co-operative Company. Aopl icon is benefi- <br />cial use of the water r. fights changed herein shall be <br />in accordance with the Plan of Augmentation set forth <br />in Paragraph G of this Ruling. <br />The 74-acre parcel historically irrigated is within <br />and adjacent to the Nucla Aline. Applicant will <br />ensure that 2.7 acres of this tract are removed from <br />irrigation for each share devoted to industrial, <br />m it iq anon or augmentation use under this Ruling, <br />which is also equivalent to 0.7 acres for each ac re <br />foot of water. consumed for industrial or augmentation <br />use. <br />G. This change of Applicant's water rights in the Righ <br />.~. ~Li~ne Canal will not injure owners of vested wa ]er <br />rights or decreed conditional water rights and is <br />approved subject to compliance with the terms and <br />corid itions set forth in this Ruling. <br />6. Plan for Aug mentation: <br />A. Description of Project: <br />• r (1) Applicant owns and operates the iducla Fline, a <br />Surface coal mine located approximately 3 miles <br />northwest of Nuc1a, Colorado. Five ponds, Nucla <br />I4ine Ponds NPDES 001, 002, 004, 005, and 006 <br />(Parag aphs 2. B.(1) through 2.8.(5) of this <br />Ruling), are used to control surface runogf, <br />. reduce sediment, comply with water quality re~gu- <br />latiogs, and store water for beneficial yse at <br />the Nucla Mine. ~~Applic ant plans to expand its <br />operation to include an additional surface mine, <br />the Nucla East Mine, located southeast of [he <br />present mine. An additional pond, Nucla East <br />Mine Pond NPDES 007 (Pa r. ag raph 2.8.(6) of this <br />Ruling), will be built for the same purposes at <br />the new mine. Pond 007 will also serve the arJdi- <br />~tional purpose of controlling wa to r_.pumped .,from <br />the Nucla East Nine in the~.process of dewa terming <br />t he_,excavation. <br />(2) The Plan of Augmentation described he ce in shall <br />be the basis for all new uses of wa tar at the <br />Nucla and Nucla Ea st ~M roes. The Plan will <br />augment out-of-pr. io rity diversions by the' <br />Applicant for industrial uses of water. The Plan <br />~J <br />REVISED MARCH 2006 Attachment 2.05.3(3)-16-28 <br />