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<br /> <br /> <br /> 33 C1981-041 RN7 findings <br />water will be allowed to fill abandoned areas to an elevation below the level of the <br />sealed Northwest intake portal. Approved permanent discharge structures are located <br />at Outfall 016, a gravity flow discharge pipe located near the North Decline reclaimed <br />area, and Outfall 002, a siphon type discharge structure located at the backfilled <br />Northwest Intake Portal. Outfall 016 is the primary discharge site; Outfall 002 is <br />approved as a back-up system for use in the event that Site 016 malfunctions. <br /> <br />Wells in contact with aquifers will be filled with concrete or other suitable sealant and <br />plugged with a concrete seal. The permittee is not proposing to transfer any well. <br /> <br />I. Discharge of Water into an Underground Mine <br /> <br />No surface water is intentionally diverted into the mine workings at the Roadside <br />Portals Mine. In 2014 a surface landowner directed ditch water into surface holes <br />overlying old workings. This resulted in apparent hydrologic communication between <br />the surface ditch water and the underground workings. No crops were being irrigated <br />with this ditch water in 2014. TR-69 was approved by the Division to repair an old <br />air shaft that appeared to be a source of the hydrologic communication. The <br />landowner appealed the Division’s decision to approve TR-69 to the Mined Land <br />Reclamation Board (Board). The Board heard the appeal at the May 24 and 25, 2017 <br />Board Hearing. The Board upheld the Division’s decision. The landowner <br />subsequently filed an appeal in Mesa County District Court regarding the Board’s <br />decision. The Mesa County appeal is currently pending. <br /> <br />J. Stream Buffer Zones <br /> <br />The Division previously granted a buffer zone variance for the area located under the <br />overland conveyor system and a portion of the disturbed area at the loadout facility. <br />A portion of the overland conveyor crossed the Colorado River. The overland <br />conveyor has been removed and the disturbed areas associated with the overland <br />conveyor have been reclaimed. The buffer zone variance no longer applies to the <br />overland conveyor system. A limited portion of the disturbed area at the loadout <br />facility exists adjacent to the Colorado; therefore, the Division authorized those <br />activities associated with the disturbed areas near the loadout facility within 100 feet <br />of the Colorado River. No further disturbances within 100 feet of the river are <br />proposed. <br /> <br />The following finding is required in order to allow SCC to conduct surface coal <br />mining operations within 100 feet of the Colorado River: <br /> <br /> 1. The Division approved surface or underground mining activities within 100 <br />feet or through a perennial stream or stream with a biological community. <br />This decision is based on a finding that the original stream channel will be <br />restored, water quality and quantity shall not be adversely affected, and <br />appropriate riparian vegetation will be reestablished. The buffer zone <br />variance was granted for the area located Unit Train Load Out facility that is