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J~ Because the mine was permitted by the county and had produced coal in commerical quantities prior to August 3, 1971, the Apex No. 2 is "yrandfathered" from Rule 2.06.8(5)(a)(i)(f). The Colorado Division of Mines records for coal production in 1976 were checked by the Uivision. The records confirm the applicant's statement on page 212 of the application that commercial quantities of coal were produced by the Apex No. 2 I.1ine in 1976. Also, the Routt County Special Use permit as presented on page 13.01 of the application was issued in 1976. The geographical extent of the "yrandfathering" exemption was determined by the Uivision to be that area permitted by Routt County in 1976. Therefore Apex No. 2 is exempt from Rules 2.06.8(5)(a)(i)(A) for those areas within the federal lease excludiny the SE 1/4 SW 1/4 and SE 1/4 NW 1/4 of Section 22 for surface facilities. Althouyh Apex No. 2 is "grandfathered" from the Rules regardiny interrupting, discontinuing or precluding farming and the kule concerning material damage to the A.V.F., the performance standards of Kule 4.24 still are applicable to the Apex No. 2 t4ine. The performance standards require that the essential hydroloyic functions, the agricultural utility and the level of productivity of both the Trout Creek and Middle Creek A.V.F's will be reestablished as part of reclamation. As defined in Rule 4.24, essential hydrologic functions of the Trout Creek N.V.F. are 1) the existance of an alluvial aquifer and 2) subirriyation. Because the alluvial deposits have not and will not be disturbed, the natural flow of the alluvial aquifer will not be modified nor will the amount of water within the alluvium be changed. As was discussed in the Hydrologic Balance sections of this document, Sections V and VI, no changes in the water quality of Trout Creek have been detected nor are any changes anticipated. No changes in water quality are anticipated because of the magnitude of dilution, 1 part water from the permit area to over 10,000 parts from the stream water. subirrigation of the Trout Creek N.V.F. has been protected by maintaining the phreatic suface at the same depth as in adjacent areas. The phreatic surface, the water level within the alluvium, was determined using two methods: 1) by monitoring the water level using an alluvial well and 2) by soils sampling. Using the first method, the alluvial well directly upstream of the mine has shown levels varying between 6 and 7-feet in depth during the past year. The second method of determining the phreatic surface by mottling of the soil was used directly across Trout Creek from the facilities area. At this location, the phreatic surface varied between U to 4-feet. Prior to mining, the phreatic surface in the facilities area was probably between U-4 feet from the surface. Postmining, subirrigation will be like that at the alluvial well just upstream of the disturbed area, from 'L to 9 feet of the surface. Therefore, the capability of subirrigation of the valley bottom has been maintained.