2015-10-08_REVISION - C1981041 (12)

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above the parking area at the Go Boy Mine for the lower cracks and about 500 feet elevation gain for the upper cracks. The Division concludes that the water available for use at Mr. Fontanari's diversion on Rapid Creek located above the confluence of Rapid and Cottonwood Creeks is largely determined by the flow in these Creeks. Mr. Fontanari's diversion is located more than a half mile to the northeast across a topographic ridge and across Cottonwood Creek. Rapid Creek is located in a different watershed and is hydrologically isolated from the subsidence cracks. Given their location, the steep terrain, dry climate, and limited aerial extent of the upper and lower cracks, it is unlikely that they have any influence on the amount of available water in Cottonwood or Rapid Creeks. Mr. Brant Harrison, a landowner and owner/operator of Kokopelli Farm and Produce which is located within the current permit boundary, attended the majority of the October 23-25 SL -8 bond release site inspection. At the conclusion of the inspection on the afternoon of October 25, 2013, he inquired about the procedures for filing an objection to the bond release or filing a citizen complaint. He indicated that he believes there has been a change to the quantity of water in Rapid Creek which flows across the permit area and for which he has water rights and diverts water from the creek. He stated that there has been a recent change in the amount of available water and he wondered if it could be due to subsidence related impacts. The Division explained the process and timeframe for filing an objection to the bond release. At the time of this proposed decision, Mr. Harrison has not submitted anything in writing to the DRMS related to his concerns that he voiced during the bond release inspection. The site was inspected again on November 19, 2013 by Mike Boulay, Dan Hernandez and Rob Zuber of the Division (refer to Division Inspection Report dated November 21, 2013). Mr. Fontanari was not present during this inspection. The primary purpose of this inspection was to view those areas identified in Mr. Fontanari's October 7, 2013 objection letter with other members of the Division and to further review and investigate Mr. Fontanari's concerns. It should be noted that Mr. Fontanari operates an active gravel mining operation located within the current Roadside Portals Mine permit area. This operation, Western Slope Flagstone, LLC, has two open pits, one of which contains water intermittently from Mr. Fontanari's water diversion facilities. The pits are located above mined out areas of the Roadside Portals Mine. Mr. Fontanari diverts water from Rapid Creek to his active gravel pit via the upper diversion pipeline and in the past has also diverted water from Rapid Creek via the lower diversion ditch to the Carey Pond. The Carey Pond is located in the permit area just to the west of Mr. Fontanari's property. Mr. Fontanari has reportedly irrigated the pasture further to the west of the Carey Pond with water from the lower ditch. During the November 19, 2013 inspection, we revisited the North Decline area, the two gravel pits associated with the Western Slope Flagstone Quarry No. 2, (DRMS Permit No. M-1996-076) which Mr. Fontanari owns and operates, the Carey Pond and associated irrigation field, and the lower and upper diversion ditch and pipeline, respectively. The Division conducted an investigation regarding water quantity in Cottonwood and Rapid Creeks in response to Mr. Fontanari's objection and to address Mr. Harrison's concerns raised during the SL - 8 bond release inspection with regard to potential impacts to Cottonwood and Rapid Creeks (loss of water) as a direct result of subsidence from the underground mining operation. A description of these creeks is provided. The southern portion of the Roadside South Portal permit area is primarily drained by Rapid Creek and Cottonwood Creek. These creeks begin on the flanks of Grand Mesa and flow northwest to their confluence one mile southwest of the Roadside South Portal operations area. From Page 26