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Water Rights and Replacement - Rules 2.04.7(3), 2.05.6(3>(ii), 2.07.6(2)(c) <br />4.05.15 <br />Water rights and associated mitigation plans are found on pages 56-57 of <br />Section 2.04.7 and on pages 94-99 of Section 2.05.6 in Volume 1. Detailed <br />tabulations and discussions of water rights and mitigation plans are <br />documented in Volumes 5 and 5A. <br />The Orchard Valley Mine could potentially damage water rights in three ways. <br />Water for use within the mine is derived from an alluvial well field in <br />Steven's Gulch. Drawdown of this alluvium could affect flows in Steven's <br />Gulch and in the North Fork of the Gunnison. Over a hundred springs and <br />spring-fed or runoff-fed stockponds cover the permit area, and many are found <br />in the affected area. Subsidence could affect the structural integrity of <br />these ponds or interrupt flow to springs. Lastly, mine inflows from streams <br />along fractures could diminish adjacent surface water flows. <br />The Orchard Valley Mine presently consumes approximately 30,000 gpd (as <br />proposed in their original permit application) for use at the mine. In early <br />1986, they consumed 8,700 gpd. This water supply is drawn from a well field <br />which taps the alluvium of Steven's Gulch. The applicant has obtained an <br />approved augmentation plan through Division 4 Water Court to replace water <br />removed from Steven's Gulch. The plan uses releases from East Beckwith No. 1 <br />Reservoir, located in the Anthracite drainage, to compensate for any injury to <br />other vested water rights or, for this purpose, the North Fork alluvium. <br />Orchard Valley Mine, through an agreement with Pitkin Mesa Pipeline Company, <br />obtains additional water for mine consumption. This water is also drawn from <br />the Steven's Gulch alluvium, but under the pipeline company's water right. <br />COVCC proposes to replace the water supply of any legitimate water user <br />impacted by the mine until such time as repairs are instituted. The <br />application includes specific sources of water owned by COVCC that will be <br />called upon. A subsidence repair plan for springs, ponds, streams, and other <br />resources is included in Subsidence Volume 3. These repair plans will be <br />modified and refined depending on future experience with subsidence. The <br />first five-year mine plan area is located in. areas that do not contain many <br />significant water resources. This will allow COVCC to obtain subsidence and <br />repair experience prior to mining sensitive areas. <br />The State Engineer's office was consulted during the course of the application <br />review. However, no approval of the mitigation plan could be granted by the <br />SEO since the SEO is not authorized by law to approve augmentation plans. <br />Topsoils - Rules 2.04.9, 2.05.3(5), 2.05.4(2)(d>, 4.06 <br />Information pertaining to soil resources and their inventory may be found on <br />pages 67 to 69, Part 2.04 of Volume 1 and in the Soils Appendix of Volume 9. <br />Information pertaining to topsoil handling and redistribution may be found on <br />pages 50 to 53 and 63 to 67, Part 2.05 of Volume 1. <br />Disturbance at the Orchard Valley Mine commenced in late 1975 and continues to <br />date. Laws pertaining to topsoil salvaging have become more stringent with <br />the enactment of each additional law. The initial development work of the <br />-16- <br />