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iii iiiiiiiiiiiu iii 999 STATE OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 80203 303 866.3567 Fax: 303 832-8106 May 14, 1991 Mr, Karl Koehler Cyprus Orchard Valley Coal Co, P.0. Box 1299 Paonia, CO 81428 Re: Inci~ntal Boundary Revision/Alluvial Valley Floor Designation, Orchard Valley Mine, Permit C-81-038 Dear Mr . Koeh 1 er: uF cow ti~_ ~ 97 ~! ~~ .°: ~ l876 ~ Roy Romer, Gavemar Fretl R. Banta. Division Director The Division has received and reviewed the letter dated May 2, 1991, It contains information, and a reiteration of the rationale that COVCC believes supports the contention that the lands surrounding the Orchard Valley loadout, and the land on which the loadout is located, are incorrectly designated as part of an Alluvial Valley Floor (AVF). COVCC correctly states in the letter the criteria upon which the Division must base its decisions regarding whether to find that an AYF exists or does not exist. It is also apparent that the paragraph in the 1983 and subsequent findings document that outline the facts on which the Division based its AVF finding is unclear as to the specific designation of the deposits on which the area in question 1 ies. We bet ieve that this confusion in the findings documents stems from ambiguity contained in the Geo-Hydro Phase I study and the subsequent Phase II study, khile the conclusions in this study may state that "the area cannot be classified as an unconsolidated streamlaid deposit "the geomorphic units descriptions contained in Appendix A seem to state the opposite. The "fine-grained slope outwash (pediment) deposits ... are generally loosely consolidated material of fluvial and collwial origin .. " The "coarse-grained slopes outWash (pediment) deposits are similar in genesis to the above material, but are derived from different source rocks." Thus it would seem that the fluvial nature of these deposits is given in the Phase I study; therefore, we contend that the deposits in question are indeed streamlaid ana can be classified as such, Further, it is significant to note that no objection to the AVF designation was raised in 1983 and a Phase II study was initiated. This Phase II study produced hydro geologic cross sections of the area using drill 'note data from monitoring wells MW-1, MW-2, and MW-3. Data from two test pits in the alluvial gravels of the North Fork Gunnison River were also used.