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subsequently filed an appeal in Mesa County District Court regarding the Board's <br /> decision. The Mesa County Court upheld the Board's decision. The land owner then <br /> filed an appeal to the Colorado Court of Appeals. The case is currently set to be heard <br /> on November 8, 2022. <br /> J. Stream Buffer Zones <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 /> 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 /> 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 <br /> within 100 feet of the Colorado River(4.05.18(1)). The Unit Train Load out <br /> has been approved as a commercial Industrial Land use, and has received <br /> Phase III bond release (SL-7) and has been removed from the permit area <br /> (TR-62). <br /> K. Probable Hydrologic Consequences <br /> The protection of the hydrologic balance is outlined in Volume 5,Tab 19 of the permit <br /> application. This permit section addresses possible impacts due to mine subsidence, <br /> possible impacts due to mine water discharge, and effects related to surface <br /> disturbance. Possible hydrologic impacts due to construction of coal refuse piles are <br /> also discussed in this document. The permittee's statement of hydrologic effects has <br /> been reviewed by the Division for compliance with Rule 4.05.1 and 2.05.6(3). <br /> Surface Water <br /> Surface Water Quantity <br /> Possible hydrologic impacts on quantities of surface water due to the Roadside and <br /> 31 <br />