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2014-10-10_REVISION - C1996083 (4)
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2014-10-10_REVISION - C1996083 (4)
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Last modified
8/24/2016 5:48:48 PM
Creation date
10/14/2014 12:42:53 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1996083
IBM Index Class Name
Revision
Doc Date
10/10/2014
Doc Name
Transmittal of Proposed Decision & Findings
From
DRMS
To
Richard Rudin
Type & Sequence
PR14
Email Name
SLB
DIH
Media Type
D
Archive
No
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a negative impact to users of water in the West Fork of Terror Creek. Accordingly, <br />the applicant has prepared an augmentation plan to replace any water loss resulting <br />from mining activities in the Spruce Stomp lease area, as required by with Rule <br />2.04.7(3). The augmentation plan has been submitted to the District Court, Water <br />Division No. 4 and is awaiting approval. The following stipulation is placed on the <br />Division's approval of PR -14: <br />PRIOR TO COMMENCING ANY MINING ACTIVITIES THAT COULD CAUSE <br />SUBSIDENCE IN THE SPRUCE STOMP LEASE AREA, BRL MUST <br />DEMONSTRATE THAT, SHOULD MINING ACTIVITIES RESULT IN <br />CONTAMINATION, DIMINUTION OR INTERRUPTION OF WATER IN THE <br />WEST FORK OF TERROR CREEK, BRL HAS OBTAINED SUFFICIENT WATER <br />RIGHTS AND AN APPROVED WATER REPLACEMENT PLAN TO RESTORE, <br />REHABILITATE, OR REPLACE THE WATER SUPPLY. BRL MUST SUBMIT A <br />COPY OF A COURT APPROVED ALTERNATIVE WATER SUPPLY OR COURT <br />APPROVED SOURCES OF AUGMENTATION WATER THAT COULD BE <br />DEVELOPED TO REPLACE THE EXISTING SOURCES. THE ALTERNATE OR <br />SUBSTITUTED WATER SHALL BE OF A QUALITY AND QUANTITY SO AS TO <br />MEET THE REQUIREMENTS FOR WHICH THE WATER HAS NORMALLY BEEN <br />USED. <br />XVI. Concurrent Surface and Underground Mining <br />This section does not apply to the Bowie No. 2 Mine permit application. <br />XVII. Operations on Alluvial Valley Floors <br />A. The Division has determined that an alluvial valley floor does not exist within the <br />affected area; however, an alluvial valley floor does exist in the adjacent area. <br />Therefore, the following findings are made for the alluvial valley floor located along <br />the North Fork of the Gunnison River, downgradient from the Bowie No. 2 Mine. <br />1. The Division finds that activities proposed by the applicant will not interrupt, <br />discontinue, or preclude farming on the alluvial valley floors that are irrigated or <br />naturally subirrigated (4.24.3(1)). <br />2. The proposed activities will not materially damage the quantity or quality of water <br />in the surface or ground water systems described above (4.24.3(3) and <br />2.06.8(5)(a)(ii). <br />3. The proposed activities will comply with the requirements of the Act and the <br />Regulations, with respect to alluvial valley floors (2.06.8(5)(a)(iii)). <br />4. Surface coal mining and reclamation operations will be conducted to preserve the <br />essential hydrologic functions of alluvial valley floors outside the permit area <br />throughout the mining and reclamation process (4.24.2). <br />B. An environmental monitoring system shall be installed, maintained, and operated by <br />Page 43 of 46 <br />
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