Laserfiche WebLink
southeast portion of the permit area and the Middle Creek AVF is located about <br />4000 feet northwest of the permit area. The nearest agricultural activity is, however, <br />over one mile downstream along Trout Creek and approximately 4000 feet to the <br />northwest in the next drainage of Middle Creek. Neither AVF was undermined. <br />The mine entries were driven into the northwest hillside above and away from Trout <br />Creek. <br />The requirements of Rule 2.06.8(5)(a) are not applicable if certain conditions were <br />met prior to August 3, 1977. A review of Colorado Division of Mines records <br />indicates that Sunland Mining Corp. produced coal in commercial quantities from <br />the Apex No. 2 Mine in 1976. Also, Routt County issued a Special Use permit to <br />Sunland Mining Corp. in 1976. These factors reveal Sunland Mining Corp. does <br />qualify for an exemption from Rule 2.06.8(5)(a) as allowed in Rule <br />2.06.8(5)(a)(i)(B). This exemption was granted with the original permit approval <br />and the Division has received no new information that causes a modification to this <br />exemption. <br />The geographical extent of the exemption was determined by the Division to be that <br />area permitted by Routt County in 1976. Therefore, the Apex No. 2 Mine is exempt <br />from Rules 2.06.8(5){a) for those areas within the Federal lease excluding the SE <br />1/4 SW 1/4 and SE 1/4 NW l/4 of Section 22 for surface facilities. <br />Although Apex No. 2 does have this exemption, the performance standards of Rule <br />4.24 still are applicable. The performance standards require that the essential <br />hydrologic functions, the agricultural utility and the level of productivity of both the <br />Trout Creek and Middle Creek AVFs will be reestablished as part of reclamation. <br />The Division has determined that Sunland Mining Corp. will meet this performance <br />standard as addressed below. <br />As defined in Rule 4.24, essential hydrologic functions of the Trout Creek AVF are <br />the existence of an alluvial aquifer and subirrigation. Because the alluvial deposits <br />have not and will not be disturbed, the natural flow of the alluvial aquifer will not <br />be modified nor will the amount of water within the alluvium be changed. No <br />changes in the water quality of Trout Creek have been detected nor are any changes <br />anticipated. No changes in water quality are anticipated because of the magnitude <br />of dilution, 1 part water from the permit area to over 10,000 parts water from the <br />stream. <br />subirrigation of the Trout Creek AVF has been protected by maintaining the <br />phreatic surface at the same depth as in adjacent areas. The phreatic surface, which <br />is the water level within the alluvium, was determined to be 6-7 feet in depth as <br />determined from the upstream alluvial well. During and after mine reclamation, the <br />subirrigation level will likely be comparable to the depth at the alluvial well. <br />Therefore, the capability of subirrigation of the valley bottom has been maintained. <br />Apex No. 2 Mine, C-81-011 20 May 5, 1993 <br />