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-~ <br />Observations within the last month have indicated an acidic seep exists within <br />the permit area. The seep emanates from a cut slope along the access road at <br />the east end of the mine portal bench. This location would correspond to a <br />coal seam rider below the coal seam to be mined. A flow of 4 to 5 gallons per <br />minute and pH of 3 has been measured during the baseline monitoring period. <br />This seep has not been previously observed and it appears the flow is seasonal <br />and related to runoff. Deposits of ferric hydroxide have been observed below <br />the seep and samples have been collected for analysis of acidity, sulphur and <br />metals concentrations. Because of the potential for water quality degradation <br />and to insure compliance with Rule 4.05.2, the following stipulation is <br />necessary. <br />STIPULATION N0. 4 <br />LA PLATA COAL CORPORATION WILL SUBMIT A PLAN TO THE DIVISION ADDRESSING <br />TREATMENT OF ACIDIC DRAINAGE AT THE MINE SITE WITHIN FIVE (5) DAYS OF PERMIT <br />ISSUANCE. THE PLAN IS TO BE IMPLEMENTED WITHIN THIRTY (30) DAYS OF DIYISION <br />APPROVAL. PRIOR TO RECEIVING DIVISION APPROVAL OF THE TREATMENT PLAN, LA <br />PLATA COAL CORPORATION WILL TAKE ALL APPROPRIATE MEASURES TO ENSURE THAT THE <br />pH OF OFFSITE DISCHARGES ARE BETWEEN pH 6 AND 9. <br />Monitoring of surface water includes the acidic seep (for pH only) and the <br />pond discharge for the constituents identified in the NPDES permit. The <br />monitoring program is defined in Section 2.05, pages 2.05-48 to -49. <br />With the acceptance of the above stipulation, the applicant is in compliance <br />with the requirements of this section. <br />VII. Water Rights and Replacement -Rules 2.04.7(3), 2.05.6(3)(a)(ii) <br />Water rights and replacement information may be found in Section 2.04.7 (pages <br />2.04-17 to -21) of the permit application. <br />The mine supply well has been in place since 1905, but registration with the <br />Office of the State Engineer has not yet been completed. La Plata Coal <br />Corporation has committed to obtaining the required permits and water rights. <br />To mitigate depletion or degradation of any impacted water right, La Plata <br />Coal Corporation has committed to replacing, in suitable quantities and <br />quality, the impacted water. <br />The applicant is in compliance with the requirements of this section. <br />VIII. Alluvial Valley Floors - Rule 2.06.8, 2.07.6(2)(k) and 4.24 <br />There are currently three coal mining operations located within Hay Gulch: the <br />King Coal Mine (permitted, active), the Blue Flame Coal Mine (permit issuance <br />pending, inactive), and the La Plata No. 1 Mine (application submitted, <br />inactive). All three mines are considered in this discussion. <br />Hay Gulch has previously been determined to be an Alluvial Valley Floor (AVF) <br />(see National King Coal, Inc., Findings of Compliance, February 4, 1982). No <br />-15- <br />