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property rights disputes. C.R.S. § 34-33-114(2)(f)(II); see also Grynberg v. Colo. Oil & Gas <br />Conservation Comm'n, 7 P.3d 1060, 1063 (Colo. App. 1999) (holding agency statutorily barred from <br />resolving contract dispute must decline jurisdiction and allow the parties to seek resolution in court). As <br />here, the Trust has identified a dispute regarding Terror Creek's alleged interference with the easement, <br />but has not demonstrated that the dispute has been adjudicated. In Colorado, courts interpret the scope of <br />an easement, determine whether an interference occurred, and issue an appropriate remedy. See generally <br />Lazy Dog Ranch v. 7elluray Ranch Corp., 965 P.2d 1229 (Colo. 1998). Therefore, the Division is <br />without authority to adjudicate the dispute or consider the unresolved dispute as a deficiency that would <br />warrant denial. <br />Description of the Environment <br />Site Description and Land Use -Rule 2.04.3 <br />Information regarding site description and land use can be located in the permit application in section <br />2.04.3. <br />The 13.6 -acre permit area is situated on a moderately steep (approximately 15% slope) colluvial deposit <br />between State Highway 133 and the flood plain of the North Fork of the Gunnison River, at an <br />approximate elevation of 5,900 feet. The surrounding area is mountainous, with elevations ranging up to <br />8,300 feet at the summit of Jumbo Mountain, to the southeast of the permit area. The North Fork of the <br />Gunnison has the appearance of a moderately broad alluvial valley, extending to approximately 1,500 feet <br />wide. The valley separates high table lands south of the river from the slopes of the Grand Mesa to the <br />north. <br />The permit area is drained by the North Fork of the Gunnison River and two unnamed ephemeral <br />drainages. Water in the North Fork is characterized as a calcium bicarbonate type with moderate levels of <br />sulfate. Figure I shows the location of the Terror Creek Loadout in relation to the other mines within the <br />North Fork drainage basin. <br />The flood plain of the North Fork, immediately to the south of the permit area, has been found to meet the <br />geomorphic criteria and irrigation requirements of an alluvial valley floor (AVF). <br />The primary land use in the valley is irrigated agriculture, underground coal mining, and wildlife habitat. <br />Orchards and pasture land are irrigated via the Fire Mountain Canal, which diverts water from the North <br />Fork of the Gunnison, and the Deer Trail Ditch, which diverts water from Hubbard Creek. The pre - <br />disturbance land use at the Loadout was for irrigated orchards. Irrigation water at the Terror Creek <br />Loadout is supplied by the Deer Trail Ditch, which flows by culvert over the Fire Mountain Canal near <br />the northern permit boundary. <br />Adjacent to the Loadout site, across Old Highway 133, is the site of the Bowie No. 2 Mine. This <br />underground coal mine received its permit on April 4, 1997. Numerous old underground mines exist <br />north and east of the Loadout. Currently, several permitted underground coal mines are located in the <br />North Fork Valley as well. A few of these active mines provide Terror Creek Loadout with the run of <br />mine coal which is then prepared and sold by TCLLC. <br />Cultural and Historic Resources -Rule 2.04.4 and 2.05.6(4) <br />Cultural and historic resources are discussed in Section 2.04.4 in the permit application. <br />6 <br />