GENERAL36445

• Permit No: C1980007
• IBM Index Class Name: General Documents
• Doc Date: 12/10/1981
• Doc Name: Stips 3 5 13 14 19 32 42 - response review
• From: MLR
• To: ARCO COAL CO
• Permit Index Doc Type: STIPULATIONS
• Media Type: D
• Archive: No

•
Ms. Paige Beville
-3- December 10, 1981
4. not within 100 feet, measured horizontally, of the outside right-of-
way line of a public road;
5, not within 300 feet measured horizontally from any occupied dwelling.
This information must be included in the permit application and must
be submitted to the Division no later than October 31, 1981."
ARCO's October 29, 1981 response to this stipulation, in the form of revised
pages to the permit application, makes the required demonstrations in sufficient
detail for items 1, 2 and 5. Zn regards to item 3, revised page 3-3 indicates
that, although the proposed operation is within the boundaries of the Gunnison,
Grand Mesa, and Uncompahgre National Forests, the Secretary has approved this
by indicating that the lease areas within these Forests are suitable for
mining (based upon letters of concurrence from the U.S.F.S. contained within
the OSM findings document). Concerning item 4, the proposed operation is within
100 feet, measured horizontally, of the outside right-of-way line of a public
road. However, ARCO Coal received a variance from both OSM and MLRD on August
6, 1981 to locate facilities within that I00 foot right-of-way. Therefore,
the terms and conditions of stipulation No. 19 can be considered satisfied.
6. Stipulation No. 3 concerns the requirement that ARCO Coal Company obtain a
stream buffer zone variance prior to initiating any disturbance to locate
surface facilities within the 100' stream buffer zone of the North Fork of
the Gunnison River. The variance was granted by the Division on August 6,
1981, on the condition that ARCO submit a reclamation plan providing for the
reestablishment of appropriate riparian vegetation no Later than October 31,
I98I. The plan was submitted on October 30, 1981 and subsequently revised on J
November 18 and December 2, 1981 in response to review comments by the regu-
latory authority. The final revised plan, dated December 2, 1981, will provide
for the reestablishment of appropriate riparian vegetation within those
portions of the riparian community located within the 100' buffer zone which
will be disturbed by surface operations and facilities. As such, the requirements
of Stipulation No. 3 can be considered satisfied upon receipt by the Division
of a complete set (5 copies) of the December 2, 1981 revised riparian reclama-
tion plan in the form of revised pages to the permit application.
7. Stipulation No. 32 (listed as No. 9 in the RRCO November 25, 1981 re-
sponse) requires ARCO to conduct an additional field survey of alI springs
between the Dry Fork of Minnesota Creek and the North Fork of the Gunnison
River in order to confirm the sources of spring discharges and geologic units
from which they emanate. Additionally, the stipulation requires ARCO to
submit to the Division a spring survey report with appropriate maps, tables,
and discussion within 6 months of the permit issuing. ARCO's response
indicates that the required survey was conducted between September 28 and
October 2, 1981. The response also includes a discussion of the results of
the survey and a table 2.8.1.v Listing for each seep or spring the location,
type, elevation, "F" seam relationship, geologic unit, source, and spring
condition. This response is sufficient to satisfy the requirements of
Stipulation No. 32 upon receipt by the Division of a complete set~(5 copies)
of revised pages 2-253asg and Table 2.8.I.v.