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<br />During the next five year permit term it is not anticipated that any <br />water users will be impacted by the operation. However, in later <br />permit terms if mining is approved within the Minnesota Creek drainage <br />basin, there could be some impact to water users. Section IX of this <br />document describes potential hydrologic impacts to Minnesota Creek <br />water users. To mitigate these impacts, WECC proposes to supplement <br />water in the basin using existing water rights owned by the mine. This <br />plan should ensure that no material damage to these water users will <br />occur. This augmentation plan has been filed in water court to ensure <br />it will be in compliance with Colorado Water Law. The Colorado State <br />Engineer's office is currently working with WECC to resolve some <br />concerns over water depletion and augmentation monitoring. The <br />following stipulation ensures that the mitigation plan proposed by WECC <br />will be acceptable under Colorado Water Law and will ensure the <br />protection of water users within the Minnesota Creek basin. <br />Stipulation No. 1 <br />NEITHER WEST ELK COAL COMPANY, NOR ANY SUCCEEDING OPERATOR OF THE MT. <br />GUNNISON PROJECT'S COAL LEASES AND RESERVES WILL BE PERMITTED TO MINE <br />COAL WITHIN THE MINNESOTA CREEK BASIN, UNTIL MLRD HAS RECEIVED A COPY <br />OF AN ADJUDICATED PLAN OF AUGMENTATION. <br />With the acceptance of the above stipulation, the Division finds the <br />operation in compliance with the requirements of this section. <br />VIII. Alluvial Valley Floors (2.06.8, 2.07.6(2)(K), and 4.24) <br />Alluvial Valley Floor Determination <br />Section 34-33-103(2) of the Colorado Surface Coal Mining and <br />Reclamation Act defines 'Alluvial Valley Floors' as "unconsolidated <br />streamlaid deposits holding streams where water availability is <br />sufficient for subirrigation or flood irrigation agricultural <br />activities but does not include upland areas which are generally <br />overlain by a thin veneer of colluvial deposits composed chiefly of <br />debris from sheet erosion, deposits by unconcentrated runoff or slope <br />wash, together with talus, other mass movement accumulation, and <br />windblown deposits". <br />Rule 1.04.10 of the Colorado Mined Land Reclamation Board's, <br />Regulations for Coal Mining reads, "'Alluvial Valley Floors' means the <br />unconsolidated streamlaid deposits holding streams with water <br />availability sufficient for subirrigation or flood irrigation <br />agricultural activities but does not include upland areas which are <br />generally overlain by a thin veneer of colluvial deposits composed <br />chiefly of debris from sheet erosion, deposits formed by unconcentrated <br />runoff or slope wash, together with talus, other mass movement <br />accumulations, and windblown deposits." <br />17 <br />