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<br />-38- <br /> <br />A. Required Findings <br />The Division is unable, at the present time, to find that all of the proposed <br />operations have been designed to prevent material damage to the hydrologic <br />balance outside the permit area. <br />The applicant has provided an analysis of the effects of discharge of mine <br />water from Maxwell Mine workings. This analysis indicates that although water <br />quality would be affected, the affect would not limit water use. The <br />applicant has also provided sufficient information and analysis to demonstrate <br />that the proposed mining operations beneath the Picketwire Valley would not <br />cause a significant loss of flow in the Purgatoire River stream-alluvial <br />aquifer system. The mining in the Maxwell Mine beneath the Picketwire Valley <br />was determined to not cause material damage to the hydrologic balance outside <br />of the permit area. <br />The applicant does not have adequate hydrologic baseline data and analysis for <br />areas outside the Picketwire Valley. The Division is unable to make findings <br />about the hydrologic effects of secondary or retreat mining upon those areas <br />and whether the effects of secondary or retreat mining would cause material <br />damage. Therefore, secondary or retreat mining cannot be approved in those <br />areas until the applicant supplies sufficient information to make the required <br />findings. The Division can find that the proposed developmental mining <br />operations have been designed to prevent material damage to the hydrologic <br />balance outside the proposed permit area. <br />HYDROLOGIC MONITORING <br />The mining company is required under Rule 4.05.13(1) and (2) to monitor the <br />effects of underground mining activities upon the quantity and quality of <br />ground water and surface water. This monitoring is required to judge the <br />compliance of the operator with the water quality provisions of the Colorado <br />Surface Coal Mining Reclamation Act. The water quality provisions of the Act <br />require that the operator shall in no case violate Federal and State water <br />quality statutes, regulations, standards, or effluent limitations. As a <br />matter of policy, the Division has adopted the Department of Health's <br />Receiving Stream Standards as one of the standards by which impacts to the <br />hydrologic balance from mining are judged. Other standards are developed and <br />used by the Division when appropriate. Receiving stream standards have been <br />established for the Purgatoire River. The applicant must also demonstrate an <br />ability to comply with the NPDES effluent limitations. <br />Rule 4.05.13(1)and (2) do not apply strictly to point discharges as does the <br />NPDES permit issued by the Colorado Health Department. The rules in <br />4.05.13(1) require monitoring of non-point discharges and ground water. <br />To ensure that the effects of the surface and underground mining activities on <br />the quantity and quality of surface and ground water in the permit and <br />adjacent areas are adequately monitored, the following stipulations to the <br />permit document are required in accordance with Rules 2.05.6(3)(e)(iii), <br />4.05.13(1) and 4.05.13(2). <br />