2022-11-07_REVISION - C1981041 (2)

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Operational plans and water depletion projections were not revised in association with the RN-6 review. A. Fish and wildlife habitat is a planned post-mining land use. The applicant has selected appropriate plant species and distributions to benefit fish and wildlife (4.18(5)(i)). XIV. Protection of Underground Mining The Division proposes to approve surface coal mining activities being conducted within 500 feet of an active or abandoned underground mine. This approval is proposed based on the fact that approval for such has been granted by MSHA and Colorado Division of Mines, and that improved resource recovery, abatement of water pollution, and elimination of hazards will result(4.19(1) and 4.22.4(1)). XV. Subsidence Control Subsidence Survey, Monitoring, and Control Plans are addressed in Tab 20, Volume 6 of the permit application. Powderhorn Coal Company has completed a survey of structures and renewable resource lands existing within the permit area. The permittee has delineated several structures overlying the proposed underground workings. The Ute Water District, which serves approximately 45,000 people, has a water treatment plant, several storage tanks, and a 24-inch treated water distribution pipeline above the existing Roadside Mine workings. Several raw water collection pipelines also cross the proposed Cottonwood mining area. Limited alluvial deposits,which represent minor surficial aquifers,do exist within the flood plain areas of Cottonwood Creek and Rapid Creek drainages. The currently approved mining and reclamation plan does not include any further coal extraction. The North Mine portals, 2 West Portals, and South Fan shaft,Northwest Intake Portal, and North Decline Portals have been sealed and backfilled. The South Mine Portals have been sealed and backfilled. There are no remaining portals or mine openings that have not been sealed. The most recently approved five-year mine plan that did include coal extraction, did not involve additional mining below the Ute Water Conservancy District facilities or supply pipelines. Extraction was also projected beneath the raw water collection pipelines within the Cottonwood lease area. In the case of both the supply and raw water pipeline facilities, the worst possible anticipated consequence of mining would be the disruption of the pipeline. In both cases, the permittee demonstrated that the materials necessary for repair are readily accessible and that the disruption would not result in cessation of service to the water district's water users. The permittee proposed to prevent material damage to both the raw water collection pipelines, 56