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Additionally, GCC submitted the following documents related to groundwater hydrology, which are <br />understood also to respond to CDRMS, Office of Surface Mining, and the Bureau of Land Management <br />concerns' and requirements': <br />1. Review of Annual Hydrology Report, CDS Environmental Services, December 22, 2014 <br />(Attachment 22) <br />2. A Preliminary Hydrologic Monitoring Plan, Resource Hydrologic Services, July 30, 2015 <br />(Attachment 16) <br />3. Hydrologic Study, Resource Hydrologic Services, January 31, 2016 (Attachment 19) <br />Ultimately, because CDRMS regulations expressly address groundwater hydrology and water quality for <br />coal mining, the County continues to refer to the State for regulation of GCC's groundwater impacts, and <br />a summary of the status of this is provided below. <br />In its 2014 submittals prepared for multi -agency review, GCC asserted (1) well sampling did not show the <br />presence of analytes related to coal mining; (2) thee hydrologic conditions in the vicinity of the mine do <br />not allow for fluid transport from the mine to neighboring wells; and (3) water balance calculations <br />indicate approximately 98% of the 30 AF of water applied within the mine exits within the mine via wet <br />coal (58%) or evaporation (40%). The presence of coal fines in neighboring wells was identified as due to <br />well construction techniques through a coal seam. <br />These conclusions were questioned by agencies and the public based on the limited number of analytes <br />covered by the well sampling; assumption that the coal seam was dry; and assumption that there is a lack <br />of connectivity between formations. The lack of supporting data for GCC's assertions is being addressed <br />by CDRMS in a technical revision (TR -26) to the state mining permit. The TR -26 submittals by GCC <br />and reviews by CDRMS indicate that GCC will establish groundwater monitoring well clusters and <br />collect data for a full set of analytes upstream and downstream of the mine site. Because these are to be <br />installed 9-10 years after the commencement of operations, true baseline conditions (prior to onset of <br />monitoring) will, unfortunately, not be able to be established. <br />E. The development will not adversely change the character of the neighborhood. <br />The applicant's narrative indicates mining operations have existed in the area since 1941 with the first <br />federal coal lease occurring on land, underlying Huntington Ranch. While mining may be an established <br />use in Hay Gulch, considerable increased intensity of the use over time, and significantly since the <br />applicant submitted a land use permit for consideration, is incompatible and disharmonious with the <br />established residential and agricultural land use pattern. <br />Mitigating impacts between uses is a parochial consideration within this land use permit. Therefore, <br />compatibility has been expressed and considered thoroughly throughout this report. <br />It has also been demonstrated within this report, that the proposed use along with its implied impacts, <br />inadequately mitigated, are not compatible; and therefore, non-compliant with both the District Plan and <br />adopted Land Use Code of La Plata County (based on insufficiencies and lack of demonstration achieving <br />compatibility). <br />F. The development will not significantly disturb the privacy of neighbors. <br />The GCC surface operations upon their subject site are not anticipated to produce outstanding <br />disturbances based on the information provide and analyzed to date. However, off-site operations and <br />activities directly associated with heavy haul truck traffic do evidently produce significant impacts which <br />must be addressed and mitigated. These issues are clearly articulated throughout this staff report. <br />Project No. 2012-0089 PC <br />4852-5627-2942, v. 3 <br />Page 25 of 32 <br />(DM, VS, DP) <br />