1988-04-11_PERMIT FILE - C1981008A (17)

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stream buffer zone along Calamity Draw. Excess excavation material will need to be spread on the ground surface within the stream buffer zone. The operations plan for this ditch construction calls for no disturbance to the main channel of Calamity Draw, no excavation within the 100 foot buffer zone and a resultant ditch that can convey the runoff from a 10-year, 24-hour storm. Any impacts to the Calamity Draw stream buffer zone from the spreading of excess excavation materials will be very minimal and will be mitigated by the reclamation plan. The ditch will be reclaimed and the ground surface reshaped to its original contour. The plan calls for reseeding with an irrigated pasture/poorly drained phase seed mix (generally similar to the predisturbance swale/vegetation type). Finally, topsoil disking activities will overlap adjacent non-disturbed native vegetation to hasten reinvasion of the native plants. Water Rights The surface and ground water rights adjacent to the Nucla Mine and Nucla East mining area are listed in Tables 1 and 2 and shown on Figure 2 of Attachment 16-1 to Tab 16. The water rights inventory boundary includes all water rights within a two mile radius of the Nucla Mine. Attachment 16-1 of Tab 16 (Protection of the Hydrologic Balance) describes the ground and surface water rights in detail . Alternative Water Supplies Attachment 16-1 of Tab 16 (Water Rights Issues and Plan for Augmentation Nucla Mine, Montrose County, Colorado) lists the water rights and sources Peabody has available to utilize as alternate water supplies to mitigate pit inflow drawdown and sediment pond storage, and industrial water use impacts to surface water right holders. The principal alternative water supplies are the 114.5 acre foot consumptive use credit of Colorado Cooperative Company (CCC) water, 18 acre feet of pit inflow water during the non-irrigation season and the absolute storage right in 001 pond of 4 acre feet. No mitigation of any ground water impacts are anticipated. All of the above water sources are considered as alternative water supplies that can be used as part of Peabody's augmentation plan for mitigating potential surface water rights impacts. It is estimated that Peabody, following augmentation usage, will still have available approximately 54 acre-feet of excess consumptive use credit of (CCC) water. The alternative water sources will be selected based on the pre-impact quantity and quality of the source to be mitigated. 18-4 Revised 04/11/88