2011-01-13_REVISION - C1980006 (9)

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Williams Draw downstream from the Marr permit area. This monitoring station has shown that flows occur primarily in response to snowmelt that begins in April and usually extends through May. During this period, combined flows from snowmelt and thunderstorms have yielded runoff rates of up to 20 cfs. Normally, June runoff decreases rapidly, and by July runoff has usually ceased. Occasional thunderstorms may initiate stream flow temporarily. In November, freezing generally occurs, and no streamflow is noted until spring thaw sometime in April. In the Marr Mine area, baseline water quality analyses indicate calcium and bicarbonate ion concentrations in alkaline water with high suspended loads. Minor amounts of iron and sulfates are found in these waters naturally. Baseline total dissolved solids range from 68 to 1,390 mg/l. The mean value is 505.5 mg/l. In a review of surface water analyses, little if any degradation of surface waters has been noted. Depending on precipitation, few ponds discharge, and flow into the draws is intermittent. The sediment pond at the loadout appears to have never discharged. With no discharges at the loadout, there appear to be no impacts to the surface water around this site. Kerr Coal Company's water rights and water augmentation plan are detailed in Volume 10, Exhibit 25. The augmentation plan lists a total water consumption of 69.46 acre-feet per year. The figure includes 66.9 acre-feet for pond dead storage and 2.56 acre-feet consumed for dust suppression, other industrial usage, and sanitary needs. Kerr Coal Company claims the 315.2 acre-feet of water rights for potential mitigation of adverse impacts to surrounding water users. Based upon the data, Kerr Coal Company has adequate water rights to mitigate adverse impacts to neighboring water users. 4. The Division finds that the permit area is, subject to valid rights existing as of August 3, 1977, not within: a. An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); b. An area under study for designation as unsuitable for surface coal mining operations (2.07.6(2)( d)(ii)); c. The boundaries of the National Park System; the National Wildlife Refuge System; the National System of Trails; the National Wilderness Preservation System; the Wild and Scenic Rivers System, including rivers under study for designation; or National Recreation Areas (2.07.6(2)(d)(iii)(A)); d. Three-hundred feet of any public building, school, church, community or institutional building, or public park (2.07.6(2)(d)(iii)(B)); e. One-hundred feet of a cemetery (2.07.6(2)(d)(iii)(C); f. The boundaries of any National Forest (2.07.6(2)( d)(iii)(D)); g. One-hundred feet of the outside right-of-way line of any public road except where mine access or haul roads join such line (2.07.6(2)(d)(iv)). The necessary approvals have been received, notices published, and public hearing opportunities provided for the relocation of Jackson County Road 12E. Documentation of BLM and County 19