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(7ec~n ii~er i, 2003 Page 3-£3 <br />The total volume of water estimated to be encountered during mining of the LBA tract would be <br />approximately 150 acre-feet. <br />MCC has two water decrees granted on February 14, 2000 by the District Court, Water Division No. 4, in <br />the state of Colorado. These water decrees grant MCC conditional underground non-tributary <br />(developed) water rights and storage rights. MCC would plan to use this non-tributary water for drilling, <br />road construction and road maintenance activities associated with the West Elk Mine. The U.S. Fish and <br />Wildlife Service, in a June 13, 2002 letter from Allan Pfister, Western Colorado Field Supervisor, to Robert <br />Storch, GMUG Forest Supervisor, concluded that there would be no depletions to the Colorado River <br />Basin as a result of using that underground non-tributary water encountered during mining activities; and, <br />therefore, there would be "no effect" to the Colorado River endangered fishes. <br />Cumulative Impacts: Current mining activity at the West Elk Mine has minimal impacts to water quality <br />on the North Fork of the Gunnison River, as well as localized impacts to streams in the region from <br />sedimentation. Mining at the West Elk Mine will continue, and ground water may be encountered in faults <br />and fractures within the Mesa Verde Formation. After cessation of mining activities, mine voids would <br />partially or completely fill with water over time and ground water quality may be affected. However, no <br />discernible effects to local ground water resources have been observed to date. <br />Alternative 2 - No Action <br />The no action alternative would preclude impacts from the West Flatiron LBA tract, as mine development <br />activities would not occur. There would be no surface or ground water impacts from the lease tract. <br />Existing impacts to surface and ground water from past and current West Elk Mine operations would <br />continue. Treatment of water discharged from the West Elk Mine would continue to be regulated by the <br />Colorado Department of Public Health and Environment through NPDES permits. Dewatering operations <br />in the West Elk Mine would continue on an as needed basis to allow safe and efficient operations, and <br />mine discharge would be handled and released to the North Fork of the Gunnison River under provisions <br />of the existing NPDES permits. <br />3.4.3 Potential lease Stipulations <br />No new surface or ground water management and mitigation measures are proposed if mining is allowed <br />on the LBA tract. The West Elk Mine would continue to monitor surface and ground water as prescribed in <br />its mine permit with the Colorado DMG. <br />1) No subsidence would be allowed under Raven Creek. <br />2) If subsidence activates a landslide, which adversely affects surface resources, or a documented <br />water loss, the operator/lessee shall (where applicable): restore stream channels and surface <br />drainage or protect stream flow with earthwork or temporary culverts; or restore affected roads; or <br />revegetate, as necessary, to protect against erosion; or provide other mitigation (which could <br />include water replacement). <br />The above mitigation measures should be highly to moderately effective in minimizing impacts to surface <br />and ground water resources within and surrounding the lease tract area. <br />Erwironrn2ntai fassessmenl <br />VJnst '=!at~.ron !_C3P. -i ract <br />Gunri,=,on rourdy, Colorado <br />