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. <br />STATE iiiiiiiiiiiiiuiii <br />OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of N, wral Resources <br />1313 Sherman 51., Roam 215 J <br />y <br /> <br />Denier, Colorarlo 80:03 l <br />~ <br /> <br />Phone: 17031 866-3 567 I I <br />FAX: 13077 Bl'_-8106 <br /> DEPARTMENT OF <br /> NATURAL <br /> RESOURCES <br />Dale: November 2~, 1998 Roy Romer <br /> Governor <br /> <br />To: Tom Kaldenbach lames 5. Lochhead <br />Etecmrve Director <br /> Michael 8. Lony <br />From: David Berry Divismn Director <br /> O ~/ <br />Re: Apex No. 2 -Technical Revision No. 10 - C-Sl <br />I have reviewed the materials regarding the alluvial valley floor status at the Apex No. 2 Mine, <br />received November 24, 1998. My review included a detailed evaluation of Rules 1.0400), <br />2.06.8, and 4.24. Also reviewed were our previous findings for the Apex No. 2 Mine, the Apex <br />No. 2 Ivline permit document and the aerial photographs for the site dating back to the early <br />1980's. <br />The permit[ee proposes [hat the previous alluvial valley floor designation should he reversed. <br />The perrrtitiee cites Rule 2.06Jf (3)(i)(a). I assume the applicant actually intended [o cite Rttles <br />2.06.8f3)(c)(i)(A) and (ii)(A). <br />Rule 2.06.El3)(c)(ii)(A) states: the Division shall determine that an alluvial valley floor:iioes not <br />exist if.it finds that: <br />"No streamlaid deposits meeting the pertinent size criteria. as set-forth under <br />2.06.8(3)(c)(i)(A) are present as determined from geologic maps, results of field <br />Investigations or similar studies." <br />Rule 2.06.8(3)(c)(i)(A) discusses the "pertinent size criteria" as follows: <br />"Unconsolidated streamlaid deposits holding streams of sufficient size and inherent <br />productive potential to support agricultural activities are present. If not currently being <br />Farmed, the minimum size of the alluvial body shall be based upon the accepted regional <br />practice." <br />The Apex No. 2 yard is located on materials along Trout Creek, which are, at least in part, <br />unconsolidated streamlaid deposits, and areas of these streamlaid deposits were apparently <br />subirrigated prior to disturbance. Aerial photos of the area indicate that the Apex No. 2 area is <br />located on a parcel of land, which narrows in the upstream direction. The upstream areas are <br />predominantly covered by willows, lame trees, with grass in between the trees. The willows and <br />