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Require- Require- ment Requirement ment complied Comment citation with ? (yes /no New Horizon's sediment control ponds dischazge into Calamity and Tuttle Draws. These two ephemeral streams are on Segment 12 of the San Miguel River. The standards on Segment 12 were recently expanded to include the extensive list of standards that has been applicable for several years on other segments of the San Miguel River. The new sulfate standard of 250 mg/I, or G. Ins[ream CWQCC ambient values as of 1/1/2000, whichever is higher, is of special Numeric regulation yes interest for a coal mine owing to the sulfate-rich leachate created Standards 3.3.0 by spoil backfill. This sulfate standard on Segment 12 is applicable, however, only if there is an actual water supply use on a stream. There are no water supply uses on Calamity and Tuttle Draws. New Horizon's discharges into Calamity and Tuttle Draws in 2002 did not cause the instream flows to exceed Segment 12's numeric standards. (This finding of compliance is subject to verification by the Colorado Water Quality Control Division.) H. Antidegradati CWCC New Horizon is not subject to the Antidegradation Rule because on Rule for regulation Yes the receiving waters (Segment 12 of [he San Miguel River) are Surface s 3.1.9(2) designated "Use-Protected". Water and 3.3.0. I. Interim Narrative CWQCC Standard for regulation yes Ground 41.S.C.6 Water J. Sampling Table frequency at 2.04.7-1 surface water of CDMG yes monitoring mining permit C- sites 81-008 K. Pazameters to Table 13-1 be sampled at of CDMG surface water mining yes permit C- sites 92-081 L. Prevention of After mining is completed, New Horizon's surface water may be impacts to used in the former permit area for agricultural irrigation and surface water CDMG watering livestock and wildlife. The water currently is suitable for that adversely regulation yes watering livestock and wildlife, and can be expected to be suitable impact the 4.05.1(2) for irrigation use once the disturbed lands are revegetated postmining following the approved reclamation plan. land use M. Filing CDMG frequency of regulation yes and re orts 4.05.6(13) N. Timely Fling CDMG ofpond regulation yes re orts 4.05.6(13 Page 2