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Require- '' Require- ment Requirement ment complied Comment citation with ~ (yes /no New Horizon's sediment control ponds discharge 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/1, or ambient values as of 1/1/2000, whichever is higher, is of special interest for a coal mine owing to the sulfate-rich leachate created by spoil backfill. This sulfate standard on Segment 12 is G. Instream CWQCC applicable, however, only if there is an actual water supply use Numeric regulation yes on a stream. There are no water supply uses on Calamity and Standards 3.3.0 Tuttle Draws. The CDPS limitations for the New Horizon Mine are based on parameter values that would not cause exceedances of instream standards. The mine's compliance with the discharge limitations in 2003, and its instream sampling data reported in the AHR, indicate New Horizon's discharges into Calamity and Tuttle Draws in 2003 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 Quali 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 the 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 Table J. Sampling 2.04.7-1 frequency at of CDMG surface water yes monitoring mining permit C- sites 81-008 Parameters to K 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) forircigation 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 l3 Page 2