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for evaluating impacts to both righted and unsighted sources are identified in Tab 18, and are described or <br />• referenced in Tab 15, Hydrologic Monitoring Plan. For Seneca II-W South, the nearest new water rights <br />identi fied were the Friederich #1 and #2 springs located in the pit footprint. <br />• <br /> <br />Water Rights Protection and Mitiggtion. Three pre-existing water sources within the original (pre-1998) <br />Seneca II-W permit boundary that have registered water rights have been identified: Temple Pond No. 1; 2) <br />Temple Pond No. 2; and 3) 't'emple Well No. 1 (see Table 16-1 and Exhibit 16-1). Both Temple Pond No. 2 <br />and Temple Well No. 1 will be or have been removed by muting-related activities. Peabody has <br />consummated agreements with the owners of these two sources to replace these sources with water of at least <br />similar or better water quantity and quality (see Appendix 16-1, Agreement and Stipulation - Pond W6, and <br />;lgreement - Temple Well No. 1). Based on current mining plans, Peabody does not anticipate that Temple <br />Pond No. 1, located in the upper portion of the 006 Pond watershed, will be affected by mining; however, <br />Peabody will replace this righted water source with water of at least similar or better water quantity and <br />quality if mining-related activities significantly jeopardize its usefulness as a water source for its registered <br />uses. <br />A significant, unrighted water source will be removed by mining to be conducted in the northern mining area <br />of the Seneca IIA V Mine (Frank Temple Stock Pond, see Exhibit 16-1). Peabody has agreed with the owners <br />to provide sufficient water quantity and quality for replacernent (see Appendix 16-1, Agreement and <br />Stipulation - Pond 0115). Finally. several unrighted stock ponds both within and immediately adjacent to the <br />Seneca II-W permit boundary have been identified (see Exhibit 16-1). Based on Peabody's mine plan, none <br />of these stock ponds will be disturbed or affected. <br />In the IIA V South area, Friederich Springs #1 and #2 have been mined out. The amount righted for these <br />two (2) springs was 0.066 cfs (30 gpm), to be used for livestock watering. Water flowing into Pond 016, with <br />an average flow of 56 gpm (1/2(x17 to 9/2008) will be used to replace the water from these springs. In the <br />%Vater Rights Augmentation Plan. -Ilie process of applying for and securing water rights for Peabody's <br />muting-related water usage resulted in the approval by the State of Colorado (Office of the State Engineer, <br />Division of Water Resources) of a plan for water rights augmentation. This augmentation plan was <br />developed due to over-appropriation of water rights in the Dry Creek Basin, and projected depletion's to Sage <br />Creek stream flow due to pumpage from Peabody's Seneca IIA V Well No. 1. Exhibit 16-1 presents the <br />"Referee's Ruling" document which contains specific information such as structures to be augmented (i.e., <br />Seneca II-W Mine Pond (x16), water rights to be used for augmentation, and the statement of plan for <br />augmentation. <br />I'R-6" 11 Rex•ised 05/09