Laserfiche WebLink
_17_ <br />With the acceptance of the above stipulation, the Division finds that the <br />essential hydrologic functions of the alluvial valley floor along the North <br />Fork of the Gunnison River will be restored after mining. <br />The alluvial valley floor assumed to exist adjacent to the permit revision <br />area along Terror Creek is not grandfathered and, therefore, is protected <br />under the full scope of the Act and Regulations. <br />As previously mentioned, a negative determination for the presence of an AVF <br />was made for East and West Roatcap Creek as well as the lands affected in the <br />Terror Creek drainage basin. <br />Based on this information the Division makes the following findings: <br />1. Pursuant to Rule 2.06.8(5)(a)(i), the Division finds that the <br />proposed surface mining operations, would not interrupt, discontinue, or <br />preclude farming on alluvial valley floors (Rule 2.06.8(5)). <br />2. Pursuant to Rule 2.05.8(5)(a)(ii), the Division finds that the <br />proposed surface coal mining operations would not materially damage the <br />quantity and quality of water in surface and ground water systems that <br />supply those alluvial valley floors or portions of alluvial valley <br />floors. <br />3. Pursuant to Rule 4.24.2(1), the Division finds that the proposed <br />surface coal mining operation has been designed to preserve the essential <br />hydrologic functions of alluvial valley floors. <br />YII. WATER RIGHTS AND REPLACEMENT (2.04.7(3), 2.05.6(3)(ii), 2.07.6(2)(c), <br />The Orchard Valley Mine consumes approximately 30,000 GPD for use at the <br />mine. This water supply is drawn from a well field which taps the alluvium of <br />Steven's Gulch. This removal of water from Steven's Gulch could affect the <br />flows in the North Fork of the Gunnison River which Steven's Gulch is <br />tributary to, and so the applicant has obtained an approved augmentation plan <br />through Division 4 Water Court to replace water removed from Steven's Gulch. <br />The plan uses releases from East Beckwith No. 1 Reservoir, located in the <br />Anthracite drainage, to compensate for any injury to other vested water rights <br />or, for this purpose, the North Fork alluvium. <br />The proposed operation is in compliance. <br />There are numerous water rights within or adjacent to the permit area that <br />could be affected by mining. Many springs, seeps, and ponds are located <br />within the coal-lease area that could be affected by subsidence. In addition, <br />pipelines and stream channels may be used to convey water rights from one <br />point to another which could be impacted by undermining. Finally, the <br />watersheds themselves contribute to the water users downstream from the mine. <br />Watershed flows could be diminished if significant surface subsidence effects. <br />I <br /> <br />