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~ 1 <br />David Berry <br />_27_ <br />June 20, 1996 <br />disruption of any of the water sources requires a <br />plan for augmentation approved by the water court. <br />BRL agrees that disruption of surface runoff as it <br />related to Terror Creek or Hubbard Creek would be a <br />significant problem that would require an <br />augmentation plan approved by the water court. <br />However, since these perennial streams are outside <br />of the area of potential subsidence, no impact is <br />anticipated. As for other surface runoff from <br />ephemeral drainages, BRL does not believe it is <br />appropriated. <br />None of the springs within the permit area are <br />appropriated. The Water Rights Location Map No. 23 <br />shows with the exception of No. 12, there are no <br />water rights within the permit area. No. 12 is the <br />Deer Trail Ditch. The Division of Water Resources <br />has the incorrect legal description for this water <br />rights since the intake for the Deer Trail Ditch is <br />in Hubbard Creek. <br />The experience of the Mount Gunnison No. 1 mine was <br />exacerbated by a militant landowner and possibly a <br />lack of sufficient water monitoring. BRL is mining <br />its own property with very little subsidence impact <br />projected off its surface lands. <br />2.4 BUILDINGS AND STRUCTURES <br />Paragraph 1: The DMG interprets "structures" to include any and <br />all manmade structures, including water management <br />devices, such as ponds and irrigation ditched. <br />This statement directly contradicts the direction <br />the DMG gave BRL during its meeting over one year <br />ago, on April 7, 1995. Please refer to a letter <br />dated April 11, 1995, from J. E. Stover & <br />Associates to the DMG, which documents the subject <br />meeting. During the meeting BRL was informed that <br />ponds are renewable resource lands. BRL will <br />revise the Buildings and Structures section after <br />the DMG confirms the classification of ponds. <br />2.5 LANDSLIDES <br />Paragraph 1: No response required. <br />Paragraph 2: No response required. See 2.05.6(f)(v)(B) <br />Monitoring. <br />