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West Elk Mine (C-1980-007) MT-9 <br /> Stipulation No. 76 <br /> MOUNTAIN COAL COMPANY WILL INFORM THE MONTROSE OFFICE OF THE COLORADO <br /> DIVISION OF WATER RESOURCES OF PLACEMENT OF ALL NEW SURVEY MONUMENTS. <br /> MOUNTAIN COAL COMPANY WILL COPY THE MONTROSE OFFICE OF THE COLORADO DIVISION <br /> OF WATER RESOURCES ON ALL SURVEY, PIEZOMETER, AND ACCELEROMETER/SEISMOMETER <br /> MONITORING IN AND AROUND MONUMENT DAM. MOUNTAIN COAL COMPANY WILL NOTIFY <br /> THE MONTROSE OFFICE OF THE COLORADO DIVISION OF WATER RESOURCES WHENEVER THE <br /> PEAK GROUND ACCELERATION (PGA) THRESHOLD IS EXCEEDED DURING THE MONITORING <br /> PERIOD, WHETHER MINE-INDUCED OR NATURALLY-OCCURRING. <br /> STATUS: FUTURE. <br /> Section IV— Permit Variances and Specific Approvals <br /> The Division previously approved underground mining activities within 100 feet of the North Fork of <br /> the Gunnison River, which is a perennial stream with a biological community. This decision was based <br /> on a finding that the original stream channel will not be disturbed, water quality and quantity shall <br /> not be adversely affected, and appropriate riparian vegetation will be reestablished. The buffer zone <br /> variance was granted for the water intake gallery, sediment pond and associated spillways and <br /> ditches, a railroad siding, the railroad loadout facility, a light-use road and a portion of the old Bear <br /> No. 1 and 2 Mines site. These facilities are located on the north and south banks of the North Fork of <br /> the Gunnison River. Figure 12 in the PAP shows the disturbed areas within the buffer zone. The <br /> Division approved this variance on August 6, 1981, according to Rule 4.05.18(1). This variance was <br /> amended and clarified as a result of MR-111, approved December 16, 1993. <br /> The Division approved underground mining, construction of haul/access roads, and installation of a <br /> sediment pond (SG-1) and road embankment within 100 feet of Sylvester Gulch. Sylvester Gulch is a <br /> stream with a biological community as defined by Rule 4.05.18(3). A map of the Sylvester Gulch <br /> Facilities Area, which delineates the area within 100 feet of Sylvester Gulch, is incorporated into <br /> Exhibit 69 of the PAP. The Division approved this stream buffer zone variance in accordance with Rule <br /> 4.05.18(1) based on a finding that the original stream channel will not be disturbed, water quality and <br /> quantity will not be adversely affected, and appropriate riparian vegetation will be reestablished. <br /> These conditions will be met by the effective use of slope stabilization methods including Best <br /> Management Practices, appropriate use of sediment control structures during construction, <br /> revegetation, and mechanically stabilized earth (MSE) walls. <br /> Section V - Enforcement Actions <br /> No enforcement actions have been issued since the last Permit Renewal (RN-8). <br /> Page 13 of 14 <br />