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~~ } <br />e <br />The requirements of Rule 2.06.8(5)(a) are not applicable if certain conditions were met <br />prior to August 3, 1977. A review of Colorado Division of Mines records indicates that <br />Sunland Mining Corp. produced coal in commercial quantities from the Apex No. 2 Mine <br />in 1976. Also, Routt County issued a Special Use permit to Sunland Mining Corp. in <br />] 976. These factors reveal Sunland Mining Corp. does qualify for an exemption from <br />Rule 2.06.8(~)(a) as allowed in Rule 2.06.8(~)(a)(i)(B). This exemption was granted with <br />the original permit approval and the Division has received no new information that causes <br />a modification to this exemption. <br />The geographical extent of the exemption was determined by the Division to be that area <br />permitted by Routt County in 1976. Therefore, the Apex No. 2 Mine is exempt from <br />Rules 2.06.8(5)(a) for those areas within the Federal lease excluding the SE 1/4 SW 1/4 <br />and SE 1/4 NW 1/4 of Section 22 for surface facilities. <br />Although Apex No. 2 does have this exemption, the performance standards of Rule 4.24 <br />still are applicable. The performance standazds require that the essential hydrologic <br />functions, the agricultural utility and the level of productivity of both the Trout Creek and <br />Middle Creek AVF's will be reestablished as part of reclamation. The Division has <br />determined that Sunland Mining Corp. will meet this performance standard as addressed <br />below. <br />As defined in Rule 4.24, essential hydrologic functions of the Trout Creek AVF are the <br />existence of an alluvial aquifer and subirrigation. Because the alluvial deposits have not <br />and will not be disturbed, the natural flow of the alluvial aquifer will not be modified nor <br />will the amount of water within the alluvium be changed. No changes in the water quality <br />of Trout Creek have been detected nor are any changes anticipated. No changes in water <br />quality are anticipated because of the magnitude of dilution, 1 part water from the permit <br />area to over ] 0,000 parts water from the stream. <br />Subirrigation of the Trout Creek AVF has been protected by maintaining the phreatic <br />surface at the same depth as in adjacent areas. The phreatic surface, which is the water <br />level within the alluvium, was determined to be 6-7 feet in depth as determined from the <br />upstream alluvial well. During and afrer mine reclamation, the subirrigation level will <br />likely be comparable to the depth at the alluvial well. Therefore, the capability of <br />subirrigation of the valley bottom has been maintained. <br />The postmining agricultural utility and level of productivity of the Trout Creek AVF <br />should equal or exceed the premining conditions. Because of the improved drainage of <br />the raised, flat surface, the area will be more conducive to raising crops. Suitable <br />structures for flood irrigation could easily be constructed. Therefore, the Division has <br />determined that the essential hydrologic functions, the agricultural utility and the level of <br />productivity of the Trout Creek AVF will be protected. <br />Apex No. 2 Mine, C-81-O11 19 April 17, 1998 <br />