Laserfiche WebLink
-17- <br />The applicant has proposed to construct a berm along the perimeter of the disturbed <br />area of sufficient size to contain the waters of the 10-year recurrence flood. The <br />applicant's proposal did not evaluate the potential downstream impacts of the <br />flood diversion on the effects of the State Highway Department's river channel <br />relocation on flooding in the area. Possible alternatives that have not been <br />included in the application include the placement of topsoil and stockpiled coal <br />on elevated pads. Stich measures might be utilized instead of, or in combination <br />with flood control berms. Therefore, the following stipulation is ncressary: <br />STIPULATION NO. 2 <br />WITHIN ONE MONTH OF PERMIT ISSUANCE, THE PERMITTEE WILL SUBMIT TO THE DIVISION <br />A REVISED PLAN FOR HANDLING POSSIBLE FLOODING OF PORTIONS OF THE PERMIT <br />AREA. THE PLAN WILL INCLUDE AN EVALUATION OF ALTERNATIVE FLOOD CONTROL <br />TECHNIQUES AND POTENTIAL DOWNSTREAM EFFECTS OF ANY FLOOD DIVERSIONS. EFFECTS <br />OF THE RSVER CHANNEL RELOCATION ON FLOODING IN THE AREA WILL BE INCLUDED <br />IN THE EVALUATION. <br />Following the Division of Highway's river channel relocation project, portions of <br />the disturbed area, including the proposed sediment pond, topsoil stockpile, and <br />coal stockpile will fall within 100 feet of the streambank. These areas have been <br />previously disturbed by past mining-related activity. <br />The applicant has requested, and the Division has authorized, a variance from the <br />100 foot stream buffer zone requirement. <br />Pursuant to Rule 4.05.18, the Division finds that: <br />a) The original stream channel will not be affected by Bear Coal Company. The <br />proposed river channelization is a Highway Department project, and is not associated <br />with the proposed mining operation. <br />b) During and after mining, the water quantity and quality from the stream <br />section within 100 feet of the surface coal mining operations will not be adversely <br />affected. All drainage from the disturbed area will pass through a sediment pond and <br />meet the effluent requirement of Rule 4.05 prior to discharge. Surface facilities <br />will not impact the quantity of water supplied to the North Fork. <br />c) The reclamation plan provides for the reestablishment of appropriate <br />riparian vegetation (see Section XII Vegetation of this document). <br />Additionally, the outslope of the sediment pond embankment will be stabilized by <br />vegetation during mining operations. Prior to the channel relocation, the sediment <br />pond embankment and portions of the haul road within the disturbed area will be <br />approximately 100 feet from the river bank. Buffer zone signs will be erected within <br />5 feet of the base of the pond embnakment and roadway. No disturbance will occur <br />within the established buffer zone. Following the Highway Department's channel <br />relocation, a 10-foot buffer zone will be established and marked, between disturbed <br />areas and the relocated channel. <br />In the Bear No. 3 application, a conveyor for transporting coal over the North Fork <br />of the Gunnison to a rail loadout on the north side of Highway I33 was proposed. The <br />Division requested that the applicant provide information on how the coal conveyor <br />system over the river would be designed to prevent spillage of coal fines into the <br />river. The applicant responded that the coal conveyor system would not be required <br />at this time and would not be included in the application. All transportation of <br />coal from the storage area at the mine will be by truck. <br />