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<br /> <br />Trout Creek Vallev <br />The facilities yard area is the only part of the Apex No. 2 Mine that lies in the bottom of <br />the Trout Creek valley. The yard area is underlain by `'unconsolidated stream-laid <br />deposits holding streams" as they are defined in 1.04(142). -n its review of [he original <br />permit application, the Division determined that an alluvial valley floor exists in the <br />facilities yard area. The permittee submitted information in TR-10 that indicates an <br />alluvial valley floor does not exist in the facilities yard area. <br />Prior to mining, the facilities yard area was dominated by thick willows much like the <br />undisturbed valley bottom immediately upstream (letter from landowner, Bernard Knott, <br />dated November 1 1, 1998 in TR-10 file). The thick willows and the small size of the <br />yard area (< 4 acres) precluded `'agricultural activities" as they are detned in 1.04(8); i.e., <br />agricultural uses that would benefit from the availability of water for subirrigation or <br />flood irrigation. The Division finds the small size does not meet the size criteria set forth <br />under 2.06.8(3)(c)(i)(A), and, therefore, as required by 2.06.8(3)(c)(ii)(A), the Division <br />determines that an alluvial valley floor does not exist in the facilities yard area. <br />Middle Creek Vallev <br />From the information submitted by the applicant, the Division has determined that <br />Middle Creek meets the regulatory criteria of an AVF. Middle Creek AVF is located <br />about 4000 feet northwest of the permit azea. Middle Creek AVF was not undermined by <br />the Apex No. 2. <br />The requirements of Rule 2.06.8(5)(a) are not applicable if certain conditions were met <br />prior to August 3, 1977. A review of Colorado Division of Mines records indicates that <br />Sunland Mining Corp. produced coal in commercial quantities from the Apex No. 2 Ivline <br />in 1976. Also, Routt County issued a Special Use permit to Sunland Mining Corp. in <br />1976. These factors reveal Sunland Mining Corp. qualifies for an exemption from Rule <br />2.06.8(5)(a) as allowed in Rule 2.06.8(~)(a)(i)(B). This exemption was granted with the <br />original permit approval and the Division has received no new information that causes a <br />modification to this exemption. <br />The geographical extent of the exemption was determined by the Division to be that area <br />permitted by Routt County in 1976. Therefore, the Apex No. 2 Mine is exempt from for <br />those azeas within the Federal lease excluding the SE 1/4 SW 1/4 and SE 1/4 NW 1/4 of <br />Section 22 for surface facilities. The exempt azea includes the Middle Creek valley. <br />Although most of Apex No. 2 is exempt from Rule 2.06.8(5)(a), the performance <br />standazds of Rule 4.24 remain applicable. The performance standards require that the <br />essential hydrologic functions, the agricultural utility and the level of productivity of the <br />Middle Creek AVF will be reestablished as part of reclamation. The Division has <br />determined that Suntand Mining Corp. will meet this performance standard because, as <br />Apex No. 2 Mine, C-81-01 I l9 Amended December? I, 1998 <br />