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,~ -- _ _ a.~_- -13 ~ ~1//-~ ~~~ ~~ ) The Eagle No. 5 Mine will not disrupt the essential hydrologic functions (e.g., the capacity for flood irrigation) of the Round Bottom alluvial valley floor. The mine will neither undermine the land surface of the alluvial valley floor nor undermine the irrigation systems supplying the alluvial valley floor. Therefore, there will be no subsidence impacts to areas of the Round Bottom alluvial valley floor as a result of mining in the 2 West area of the Eagle No. 5 Mine. The Eagle No. 5 Mine may impact the quantity of water supplied directly to the Round Bottom alluvial valley floor from tributary ephemeral drainages and rock aquifers. The impacts to the quantities of these waters are assumed to be negligible and will not affect the productivity on the alluvial valley floor. Surface and ground water directly tributary to the Round Bottom alluvial valley floor are ephemeral and are minor sources of water supplying the alluvial valley floor. Water supplied to the alluvial valley floor is augmented by the abundant surface water supply from the Yampa River. Any slight decrease in surface and ground waters to the Round Bottom alluvial valley floor as a result of mining in the Eagle No. 5 Mine will be made-up by increases in flood irrigation waters from the Yampa River. This increased use of Yampa River water will not impact downstream water use on alluvial valley floor downstream of the Eagle Mines since the Yampa River flow is augmented by mine water discharges pumped from the Eagle No. 5 Mine during operation, and since there is more water available in the Yampa River than is currently being used (e.g., the basin is under-appropriated). (Personal communications Richard Stenzel, Colorado State Engineer's Office, 1313 Sherman St., Room 823, Denver, Colorado, 80203). The quality of surface and ground waters supplied to the Round Bottom alluvial valley floor may be impacted by the Eagle No. 5 Mine. However, the degradation of the surface water quality in the Yampa River by the surface and mine water discharges are considered minor given the relatively minor mine discharges in comparison to the abundance of water in the Yampa River for dilution. The resulting degradation of the Yampa River water quality will not lower the quality of water supplying the Round Bottom alluvial valley floor to a point which would affect the productivity of the alluvial valley floor. The Division finds that Empire Energy Corporation will not impact the essential hydrologic functions of the Yampa River/Round Bottom alluvial valley floor, and will not impact the quantity and quality of water supplied to this alluvial valley floor so as to reduce the productivity of the alluvial valley floor. With the acceptance of the stipulations, this section is in compliance for the Eagle Mines No. 5 and No. 9.