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_18_ <br />CWI has designed a mine plan and mitigation plan that provides for protection <br />of water users that could be affected by mining. The mine plan was engineered <br />to exclude any coal extraction in certain areas underlying adjudicated water <br />rights. Specifically, the north extreme of the lease area is excluded from <br />the mine plan partly to protect water rights in East Roatcap and Terror <br />Creek. In those areas that will be mined limited coal extraction will occur <br />where overburden depth is less than 800 feet. This will minimize the chance <br />of subsidence effects. In areas where overburden depth is greater than 800 <br />feet, subsidence impacts are not predicted. The extraction plan is designed <br />to protect pipelines, stream channels, and adjudicated springs, seeps and <br />ponds. A monitoring plan has been designed to identify impacts to water <br />resources early should they occur. If monitoring shows a water related impact <br />CWI will implement a water replacement/mitigation plan. <br />CWI proposes to replace the water supply of any legitimate water user impacted <br />by the mine until such time as repairs are instituted. The application <br />included specific sources of water owned by CWI that will be called upon. A <br />subsidence repair plan for springs, ponds, streams, and other resources is <br />included in Subsidence Volume 3. These repair plans will be modified and <br />refined depending on future experience with subsidence. The first five year <br />mine plan area is located in areas that do not contain may significant water <br />resources. This will allow CWI to obtain subsidence and repair experience <br />prior to mining sensitive areas. <br />In addition, CWI investigated the possiblity of water depletions due to <br />encountering faults or fractures that may be in communication with streams. <br />The investigation included a worst case projection of what inflows could occur <br />from minining under and adjacent to Stevens Gulch and Roatcap Creek. Based on <br />these projections CWI proposed a plan to mitigate any water impacts should <br />these depletions in fact occur. A monitoring program was also proposed to <br />verify the predictions. The complete study and mitigation plan can be found <br />in Volume lA, 1B, and 5A. <br />The State Engineer's office was consulted during the course of the application <br />review. However, no approval of the mitigation plan could be granted by the <br />SEO. This is because CWI, although potentially impacting water rights, will <br />not be putting the water to beneficial use. Also, the SEO is not authorized <br />by law to approve augmentation plans. <br />The Division finds the applicant in compliance with the requirements of this <br />section. <br />VIII. PROBABLE HYDROLOGIC CONSEQUENCES OF MINING AND CUMULATIVE HYDROLOGIC <br />This Cumulative Hydrologic Impact Study (CHIS) for the drainage basin of the <br />North Fork of the Gunnison River has been prepared by the Colorado Mined Land <br />Reclamation Division (CMLRD) pursuant to Rule 2.07.6(2)(c). This CHIS <br />assesses the probable cumulative hydrologic impacts of all anticipated coal <br />mining operations upon the general area of the North Fork of the Gunnison <br />River Valley. Included in this assessment are all existing coal mines and <br /> <br />