GENERAL47948 - Laserfiche WebLink

Home Browse Search

~~ _42_ The geographic extent of lands eligible for a "grandfather" exemption according to Rule 2.06.8(5)(a)(i)(B)(II) are, the actual extent of the mine workings on August 3, 1977 and adjacent lands for which there existed substantial demonstrable financial or regulatory commitment to mine in the future. In such cases, the determination of geographic extent is made by the Division on a case-by-case basis using all available information. Based on all available information submitted by the applicant, the geographic extent of the exemption is presently defined as that area contained within the mine permit boundary denoted on the aerial photo submitted in February of 1981. This includes only the area of surface disturbance, no mine workings. Additional information will be required from the applicant before other areas can be considered for exemption. Alluvial Valley Floor Determinations The reconnaissance level investigation for determining whether an alluvial valley floor is present are: 1) identification of streamlaid deposits 50 feet wide and greater than 10 acres in extend; and 2) the potential for flood or subirrigated agriculture. The applicant has identified several areas of unconsolidated streamlaid deposits that exceed 50 feet in width and 10 acres in size within approximately two miles of the mine plan boundary (Plate 6 of the permit application). Areas identified include the Stonewall Valley (Middle Fork of the Purgatoire River), Apache Canyon, Ciruela Canyon, Alamosito Creek, Wet Creek, Parras Creek, the South Fork of the Purgatoire River, the North Fork of the Purgatoire River and the Picketwire Valley (main stem of the Purgatoire River).. The applicant identified quarternary alluvial deposits in Santistevan Canyon on the geology map (Map 6). The applicant did not indicate any areas of unconsolidated streamlaid deposits exceeding 50 feet in width and )0 acres in size within Santistevan Canyon. However, based on map 6 of the application and aerial photographs on file at the Division, it is evident that unconsolidated streamlaid deposits meeting the above size requirement are present in Santistevan Canyon. The Stonewall Valley, the North Fork of the Purgatoire River, and Parras Creek are located upstream from the proposed permit area and would not be affected by proposed operations. The South Fork Valley and its tributary, Alamosito Creek, are downstream tributaries of the Purgatoire River and would not be affected by proposed operations. Wet Canyon, a downstream tributary to the Purgatoire River, overlies the coal seam down dip from the proposed permit area. Since the valley itself would not be undermined, and the affected coal seam lies several hundred feet below the valley bottom, the proposed mining activities are not expected to have a hydrologic effect upon Wet Canyon. Since the Stonewall Valley, the North Fork of the Purgatoire, Parras Creek, Wet Canyon, South Fork Valley, and Alamosito Creek would not be affected during the permit term by the proposed operations, these areas are not considered hydrologically adjacent to the proposed operation and will not be considered for alluvial valley floor designation at this time. Alluvial valley floor designations will be considered for the Picketwire Valley, Ciruela Canyon, Apache Canyon and Santistevan Canyon.