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<br />68 CW 55 <br />Peabody Coal Co. <br />Page 8 <br />~.r ill also document the Apo'_ican is ability to <br />.- mi[ig ate any adverse hydrological impacts its" <br />mining operation may have on existing :ra for users <br />in the vicinity of Ghe Nucla East mine, as <br />required Sy the Colorado Tiined Land Reclamation <br />Division. As long as Applicant complies with all <br />of the conditions of this P,ul ing r,o injury will <br />result to other water users. <br />B. Water use: <br />(1) Mitigation of Adverse Hydrological Impacts: <br />. (a) taa ter will be supplied for mitigation of <br />potential impacts on existing water users, <br />in accordance with Colorado Mined Land <br />Reclamation Division requirements, resulting <br />from dewa to ring the Nucla East Hine pi t~.~ <br />Pit inflow water will be pumped from the <br />Nucla East Mine pit to Pond 007. The ma to r. <br />will then be released to the San Fiiguel <br />River via Calamity Draw, or stored in Pond <br />007 for later beneficial vse. Evapp ratio-Q <br />occurring as pit water is pumped,~and routgd <br />• ~ through Pond 007 is separately coup ted, as ,~ <br />consumptive use under Anpl is ant's ind us tr,,}al. <br />use "requi r. em ents. " Applicant will ~f ile a <br />well pe rinit applic a_E fo n'~ prior"to storing or <br />beneficially using ariy,of~tfie pi[., inflow <br />water:`"""'De wa tering the is ine pi[ :nay result <br />in a~lowcred groundwater tab l_e in the <br />vie in_i ty_o_f the mine. ~~ - ~' <br />(b) Applicant will mitigate the possible adverse <br />im~acts.'of dewa tering by... releasing water ' <br />from the Righ .Line Canal and the NPDES Ponds <br />in the vicinity of po ten[Tally-impacted <br />existing ware r. users. This mitigation water <br />will~be used by those water users under <br />their. own water rights, therefore the~iti- <br />ga Lion water is totally non-consumptive as <br />to Appl is ant. To the ez tent historica2~con- <br />sumptive use or sto r. age water is used for <br />this purpose, Appl is an[ shall be entitled to <br />receive 'an offsetting consumptive use credit <br />under [his plan for augmentation. <br />(c) The quantity of mitigation water required <br />was determined by an engineering study and <br />• <br />REVLSED MARCH 2006 Attachment 2.05.3(3}16-29 <br />