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III IIIIIIIIIIIII 111 • • <br /> STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1311 Sherman St., Room 215 <br /> <br />Denver, Colorado 80207 I~~~~ <br />Phone: (7031 866 3 567 <br />FAX. 13031 83 2-8106 <br /> DEPARTMENT OF <br /> <br />February 27, 1995 RESOURCES <br /> Roy Romer <br /> <br />Michael G <br />Altavilla Governor <br />. <br />Engineering Manager lames 5. LochheaA <br />Executive Ovector <br />Seneca Coal Company M~chael8 long <br />P.O. Drawer D Division Director <br />Hayden, Colorado 81639 <br />Gary W. Wendt <br />Manager, Environmental Affairs <br />Peabody Western Coa] Company <br />1300 South Yale Street <br />Flagstaff, Arizona 86001 <br />RE: Yoast Mine (C-94-082) <br />Pen»it Application <br />Dear Mr. Altavilla and Mr. Wendt: <br />The Division received copies of revised Pages 12 and 13, Tab 16 to the Yoast Mine permit <br />application. The revised pages were in response to Comment 53 of the Division's January 20, <br />1995 preliminary adequacy letter, regarding the possible alluvial valley floor status of Armand <br />Draw. The pages have been reviewed, and the Division has the following comments. <br />Rule 2.06.8(3)(c)(i) requires the Division to determine that an alluvial valley floor exists if: <br />a) There are unconsolidated deposits of sufficient size and inherent productive <br />potential to support.agricultural activities, and <br />b) There is sufficient water to support agricultural activities as evidenced by <br />subirrigation of the lands, derived from the ground water system of the valley <br />floor. <br />These conditions have been documented in Attachment 16-3 of the Yoast Mine permit <br />application package. <br />Rule 2.06.8(3)(c)(ii) requires the Division to determine that an alluvial valley floor does not exist <br />when one of three Findings can be made, none of which appear to apply to Armand Draw. The <br />three possible findings and their applicability to the Yoast Mine are discussed below. <br />Paragraph (A) states that a negative determination can be made if there are no <br />streamlaid deposits meeting the criteria set forth in Rule 2.06.8(3)(c)(i)(A). Attachment <br />16-3, Page 7 indicates the presence of streamlaid deposits throughout the majority of the <br />draw area. <br />