APPCOR12906

• Permit No: C1980003
• IBM Index Class Name: Application Correspondence
• Doc Date: 11/23/1981
• Doc Name: PROPOSED DECISION AND FINDING OF COMPLIANCE & Letter
• Media Type: D
• Archive: No

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Personnel with the Colorado State Engineer's office have expressed some concern
over the water rights aspect of the Hayden Gulch mine. Communications caith
the Division Engineer in Routt County indicate that there caill probably be
little problem with water rights relative to the mine. H-C: Coal Company should
realize, however, that if a downstream holder of senior water rights puts a
call on those rights, no additional water can he diverted or contained by the
operation until the call is no longer in effect. This situation applies to
both the spring in Dry Creek (Spring Hf i•1) and the impoundments on Hayden Gulch
(ponds RIdD, HG-TH, HC-fi and the Hayden Gulch mine active pit area).
Mining ~~ill not extend beyond the drainage divide between Hayden Gulch and
Docoden Gulch into Docaden Gulch until the next permit term. The Division advises
that the applicant be prepared to justify that the effect of mining on water
rights in Dowden Gulch will be insignificant for the next permit term.
The operation will remove a portion of the drainage area from the Dry Creek
basin due to diversion of flow around the excess spoil pile. The interruption
of springs SP-1 and SP-2 will also decrease the contribution to Dry Creek.
Diverting flow around the pile will affect an insignificant portion of the
total contributing area for Dry Creek. The quantity of water affected by the
interruption of the springs will also be insignificant (see the ground water
portion of this findings document). After the area is reclaimed and released
from bond the diversion.caill be removed and the spring caill eventually be
restored as indicated in the ground water section (section VI) of this document.
The applicant has stated that the majority of the water used for irrigation in
the Dry Creek valley is diverted from an adjacent drainage (Sage Creek). This
being so, the effect of the operation on water rights in Dry Creek is insignifi-
cant.
Flith regard to the effect of the loadout upon water rights, water contained
within this sediment control system will be treated to meet effluent standards
and released back into the natural drainage. The amount of water retained
for 24 to 36 hours would not effect water rights.
kith respect to the operation impacting local ground water wells, there are a
few registered wells within the general vicinity of the proposed mine. Most
of these wells lie along strike or up dip of the mine or are otherwise hydro-
logically isolated from the strata affected by the mine. One well is located
down dip of the mine, but is 3.5 to 4 miles away. This well will not be
affected because the cone of depression, as calculated, will only extend 400
to 500 feet beyond the pit.
This operation is in compliance with the requirements of this section.
IX. Probable Hydrologic Consequence and Cumulative Impact Assessment - Rules
2.05.6(3) and 2.07.6(2)(c)
The applicant's statements of hydrologic consequences of the operation are located
in Sections 2.04.7 and 2.05.6 of Volume I. Data supporting these statements
can be found in Appendix E (Volume III), Appendix I (Volume IV), Appendix L
(Volume V), Appendix R (Volume VII), and Appendix S (Volume VII). These sections
have been reviewed by the Division for compliance with the Rules and Regulations.