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volume of flow for the appropriate storm event. All ponds have been designed to treat effluent as documented in <br />Exhibit 8, Sediment Control Plan and Exhibit 30, NPDES Permits (CO-0027154, CO-0036684, and CO-0042161). <br />• Drainage control for such facilities as haulroads, parking lots, tipple areas, buildings and other structures is an <br />important factor in minimizing contributions of sediment outside the proposed permit area. All such facilities have <br />been designed, built and maintained to provide for proper handling of runoff as reflected by Map 24, Surface <br />Facilities. <br />Significant protection of surface water quality will be achieved through the identification, marking, and general <br />avoidance of stream buffer zones. No surface disturbance will occur within stream. buffer zones, with the <br />exceptions of the existing road and railroad crossings of Foidel Creek, the temporary disturbance associated with <br />installation of the Thickener Underflow Line under Foidel Creek (within the existing road crossing disturbance <br />area)- and the 6MN Storage Reservoir supply line under Fish Creek, access road crossings of Fish Creek to the Tow <br />Creek Shaft site and Northwest Mains/6-Main North Shaft Sites, limited encroachment at the 6-Main North site, <br />and subsidence-related disturbances discussed in 2.05.6(6). }F,or all stream buffer zone disturbances, detailed plans <br />and designs have been submitted to and approved by the I.DRMS, consistent with the applicable authorization <br />provisions of Rule 4.05.18. No streams within buffer zones or streams classified as intermittent or perennial will be <br />diverted. .Stream buffer zones have been identified on Map~29, Reclamation. These zones will be marked in the <br />field near the areas of proposed surface disturbance immediately before construction activities. Highly visible <br />markers will be placed close enough together so that at least one marker is visible at any point along the boundary <br />of the buffer zone. <br />,iii) The' ri ht~ s of present users to surface and ground water, which may be adversely <br />affected by the surface coal mining and reclamation operations; <br />In the extremely remote event that retention of runoff by mining operations creates an adverse quantitative impact <br />within the permit area or downstream, any injury can be mitigated with water from substantial holdings of senior <br />• surface water rights within the general area held by TCC. The total quantity of flow rights is 115.18 cfs on a <br />decreed absolute basis, and 638.34 cfs on a conditional basis, for a total of 753.52 cfs. For afour-month irrigation <br />season, this would translate to 27,414 acre-feet on an absolute basis, and 151,935 acre-feet on a conditional basis <br />for a total of 179,349 acre-feet. The total quantity of storage rights is 15,515 acre-feet on a decreed absolute basis, <br />and 54,200 acre-feet on a conditional basis, for a total of 69,715 acre-feet. The grand total of these amounts is <br />249,069 acre-feet. TCC has an adjudicated water rights augmentation plan that can be used to implement <br />mitigation of downstream surface water quantity impacts, should they occur. The presentation of these quantities <br />and augmentation plan demonstrates that TCC holds sufficient water rights to mitigate any potential problem with <br />respect to water availability. Water rights owned by TCC can be used to mitigate impacts caused by the TCC <br />operations. Also, the augmentation plan allows for the replacement of tributary ground water with TCC's senior <br />surface water rights. Table 9, Summary of Ground Water Rights, provides the listing of these rights controlled by <br />TCC. Additional discussion is presented under Rule 2.04.7(3), Alternative Water Supply Information, beginning <br />on page 2.04-34. <br />(iii) The quantity of surface and around water both within the proposed permit and <br />adiacent area from adverse effects of the proposed minina activities or where the protection of~uantity cannot be <br />ensured to provide alternative sources of water in accordance with 2.04.7(3) and 4.05.15; and <br />Surface Water Quantity Protection <br />The Foidel Creek Mine is not anticipated to cause any depletion in downstream water availability. Sedimentation <br />ponds have the potential to temporarily reduce downstream water availability due to impoundment of surface <br />runoff. As a result of mine inflow discharge to surface drainages, however, downstream water availability is likely <br />.to be increased during the operation of the Foidel Creek Mine. <br />TR07-61 2.05-129 07/14/07 <br />