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West Elk Mine <br />land in question must meet specific requirements pertaining to vegetation, soils and hydrology. As <br />of Mazch 1995, the criteria for these three pazameters were being closely reviewed by the U.S. <br />Army Corps of Engineers (USAGE), U.S. Environmental Protection Agency (EPA), and a technical <br />committee of the National Science Foundation. <br />As noted above, if a party intends to dredge and/orflll in a regulatory wetland, a 404 permit must be <br />acquired in advance of the activity. Note that the regulatory "trigger" is dredging and/orflling. No <br />such activifies aze proposed in the Apache Rocks,Box Canyon, or South of Divide permit revision <br />areas. <br />To ascertain whether potential wetlands impacts caused by mining-induced subsidence would be <br />regulated under Section 404, MCC representatives met with staff from the U.S. Army Corps of <br />Engineers (USAGE), Grand Junction office in September 1994. In this meeting, USAGE staff <br />indicated that, at West Elk Mine, wetlands impacts as a conseguence of subsidence would not be <br />regulated. In addition, due to the many reasons presented above regazding the general lack of <br />impacts to streams, spring/seeps and groundwater, it is unlikely that the wetlands in the South of <br />Divide permit revision area will be significantly affected by the mining. <br />Water Rights <br />Back rg ound <br />This section discusses the potential effects on vested water rights that may be caused by MCC's <br />longwall mining operation, and the associated subsidence in the pemut azea. The location of the <br />South of Divide pemut revision azeas aze shown on Map IA. Related impacts include inflows from <br />faults and storing water in underground sumps. All of these topics are addressed herein. <br />The water rights analysis has been prepared by WWE with over 40 years of experience in this <br />subject. WWE recommends that readers review the next major section of this report Mine Water <br />System for background to facilitate an understanding of water management at the mine, and <br />associated water rights implications. <br />The proposed longwall mining operation within the current permit and South of Divide permit <br />revision area could potentially affect water supplies and water rights in the Dry Fork and North Fork <br />drainages. Each drainage and its accompanying water rights that could potentially be affected by <br />subsidence aze discussed below. Following this discussion is an evaluation of the water rights <br />aspects of the sealed panels sumps, fault inflows, and MCC's North Fork diversions. <br />In the following analysis, the term "depletion" is calculated as diversions minus return flows. <br />Drv Fork Drainage <br />MCC has a comprehensive decreed water augmentation plan (86CW38) in place to mitigate the <br />possible mining related depletions to Minnesota Creek and its tributaries. Over 60 percent of the <br />South of Divide permit revision area mining is planned in the Dry Fork basin, a tributary to <br />Minnesota Creek which, in turn, is tributary to the North Fork neaz Paonia. No portion of the Box <br />1.03.173 Revised June 2003 PRIO <br />