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1. The Division previously approved underground mining activities within <br /> 100 feet of the North Fork of the Gunnison River, which is a perennial stream <br /> with a biological community. This decision was based on a finding that the <br /> original stream channel will not be disturbed, water quality and quantity shall <br /> not be adversely affected, and appropriate riparian vegetation will be <br /> reestablished. The buffer zone variance was granted for the water intake <br /> gallery, sediment pond and associated spillways and ditches, a railroad siding, <br /> the railroad loadout facility, a light-use road and a portion of the old Bear No. <br /> 1 and 2 Mines site. These facilities are located on the north and south banks <br /> of the North Fork of the Gunnison River. Figure 12 in the MCC permit shows <br /> the disturbed areas within the buffer zone. The Division approved this <br /> variance on August 6, 1981, according to Rule 4.05.18(1). This variance was <br /> amended and clarified as a result of MR-I 11, approved December 16, 1993. <br /> 2. The Division approved underground mining, construction of haul/access <br /> roads, and installation of a sediment pond (SG-1) and road embankment <br /> within 100 feet of Sylvester Gulch. Sylvester Gulch is a stream with a <br /> biological community as defined by Rule 4.05.18(3). A map of the Sylvester <br /> Gulch Facilities Area, which delineates the area within 100 feet of Sylvester <br /> Gulch, is incorporated into Exhibit 69 of the permit document. The Division <br /> approved this stream buffer zone variance in accordance with Rule 4.05.18(1) <br /> based on a finding that the original stream channel will not be disturbed, water <br /> quality and quantity will not be adversely affected, and appropriate riparian <br /> vegetation will be reestablished. These conditions will be met by the effective <br /> use of slope stabilization methods including Best Management Practices, <br /> appropriate use of sediment control structures during construction, <br /> revegetation, and mechanically stabilized earth(MSE)walls. <br /> 3. In PR-11, MCC proposed a buffer beneath the riparian area of Raven Creek, <br /> of 660 feet (1/8 mile) on either side of the creek, as stipulated in lease No. <br /> COC-67011. This is shown on Map 52. Since there is no mining proposed to <br /> the north of Raven Creek, the affected area occurs only to the south of that <br /> stream and does not surround it. <br /> K. Probable Hydrologic Consequences <br /> 36 <br />