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i:+ <br />The CMLRD made a determination that the Maxwell Mine qualified for the <br />grandfather exemption by reason of having produced coal in commercial quantities prior to <br />August 3, 1977, thus satisfying number 1 above. <br />The geographic extent of lands eligible for this grandfather exemption is the actual <br />extent of the mine workings on August 3, 1977 and adjacent lands for which there existed <br />substantial demonstrable financial or regulatory committment to mine in the future. <br />Based on the information supplied to the CMLRD the CMLRD determined that the <br />geographic extent of the exemption was the area contained within the mine permit <br />boundary denoted on the aerial photo submitted to the CMLRD in February, 1981. This <br />includes only the area of surface disturbance and excludes all mine workings. <br />In order to obtain a much broader geographic extent of the exemption the CMLRD <br />should be provided with information concerning the extent of mine workings prior to <br />August 3, 1977, as well as information concerning the amount of financial committment <br />made by CFdcI in the mine prior to August 3, 1977 and the area which was included as part <br />of the logical mine unit on August 3, 1977. <br />Effects of Waste Pile Expansion <br />Based on the expansion of the pile by approximately 5 acres for a total waste pile of <br />approximately 10 acres it has been conservatively estimated that the quantity and quality <br />of water entering the Picketwire Valley will not be materially damaged (see discussion on <br />Hydrologic Impacts of Coal Processing Wastes, WFC Submittal 4). <br />Apache Canyon, Santistevan Canyon AVF Determinations <br />Geomorphic Criteria. Apache Canyon and Santistevan Canyon have been mapped to <br />meet the minimum AVF size requirements for stream-laid deposits (see Plate 6, Volume 1, <br />Maxwell Permit Application). Although not presented in the application, a site <br />investigation of Apache Canyon on November 21, 1983 revealed significant inclusions of <br />bedrock material in and adjacent to the channel bottom. The channel bottom itself was <br />primarily bedrock. The road following the channel was directly on bedrock. There was no <br />evidence of reworked alluvium in and adjacent to the channel bottom. Although <br />Santistevan Canyon was not driven, aerial photo interpretation suggest the same <br />conditions as Apache Canyon. These observations suggest that although areas in these <br />canyons may contain stream-laid deposits it is doubtful that these deposits form a <br />contiguous unit to meet the geomorphic criteria. <br />Water Availability Characteristics. Lands meeting the geomorphic characteristics, <br />but which are not identified as flood irrigated, floor irrigable, or subirrigated can be <br />released from further AVF study. <br />Apache Canyon and Santistevan Canyon have not been historically flood irrigated <br />(see Plate 6A, Volume 1, Maxwell Permit Application). Apache Canyon was investigated <br />on November 21, 1983 and there was no evidence of flood irrigation. On December 1, <br />1983 the lower portion of Santistevan was investigated and there was evidence present <br />flood irrigation diverted from the Purgatoire River. This area is roughly 6 acres in size <br />and could be considered part of the Picketwire Valley. <br />