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-19- <br /> The Dutch Creek channel originally went through where the old coal processing <br /> waste pile is located. The reconstructed Dutch Creek Channel and the coal <br /> processing waste pile have been in their present locations since prior to the <br /> enactment of the-Surface Mining Control and Reclamation Act of 1977. It is <br /> necessary to leave the concrete lined reconstructed channel because this <br /> portion flows over old coal waste which is highly erosive. In accordance with <br /> Rule 4.05.4(2)(a) the Division approves the retention of the channel lining on <br /> the basis that it is necessary to control erosion, is stable, and requires <br /> infrequent maintenance. <br /> Water Rights and Replacement <br /> Information on water rights within the permit and adjacent area can be found <br /> on Tables III-E-9 and III-E-10 of Volume 5 of the application. <br /> No problems concerning water rights were noted during the course of the <br /> review. Mid-Continent has the only industrial water right (7.48 cfs) within <br /> Coal Basin. All other water rights have been filed for irrigation or stock <br /> watering purposes. <br /> Mid-Continent should not significantly affect the quality and quantity of <br /> water within and adjacent to the permit area (see Section VII of this <br /> document) . Therefore, the Coal Basin mines should not adversely affect <br /> downstream' water users. <br /> Surface Water Monitoring <br /> Mid-Continent has been collecting surface water samples from up to ten <br /> monitoring points on a monthly basis since 1977 and from three points since <br /> 1974. The locations of these sampling points can be fund on Map IV-C-1 . <br /> Surface water monitoring for the new refuse disposal area includes monitoring <br /> of three small tributaries to Coal Creek; Spring Creek, Sutey Creek, and <br /> Disney Creek. <br /> From the baseline information, it appears that Spring Creek and Disney Creek <br /> are intermittent streams and Sutey Creek is a perennial stream above their <br /> respective confluences with Coal Creek. Mid-Continent began monitoring these <br /> streams above their confluences with Coal Creek in October of 1982. <br /> The applicants present surface water monitoring program includes monitoring of <br /> three streams at the lower end of Coal Basin: 1) Point 3, Bear Creek above the <br /> confluence with Coal Creek; 2) Point 5, Dutch Creek above the confluence with <br /> Coal Creek, and'3) Point 20, Coal Creek below Bear Creek and below the <br /> disturbed area. The Bear Creek monitoring site is a control point since there <br /> is no disturbance within the Bear Creek drainage. The Dutch Creek sampling <br /> site serves to monitor the runoff and discharge from Mines 1 , 2, 3, and 4. <br /> The Coal Creek sampling site serves to monitor the entire mining operation and <br /> the runoff and discharge associated with Mine No. 5 the preparations plant <br /> area, and the new coal refuse pile. <br />