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<br /> <br />use in the County. If the septic system does not fall under Jackson County's <br />category of "unimproved dry grazing," Walden Coal will need to submit a request <br />to the Division for an alternative land use change for the septic system, in <br />accordance with Rules 4.16.3, 2.05.5(1)(a)(ii) and 1.04(71). <br />38. Rule 2.05.6(1) (Statute 34-32-111(1)(1)) <br />The permit is in compliance with this Rule. <br />39. Rule 2.05.6(2) (Statute 34-32-111(1)(c)) <br />The permit is in compliance with this Rule. <br />40. Rule 2.05.6(3) (Statute 34-32-111(1)(m)) <br />With regard to Rule 2.05.6(3)(b)(iv), monitoring of groundwater quality and quantity is <br />described in five different sections of the permit: an unnumbered page entitled <br />"4.05.13 -Surface and Groundwater Monitoring -Revised 04/07/89"; page I-6; page I- <br />6(b); page I-7(a); and pages I-32 and I-33. These pages should be reviewed, <br />consolidated and revised where appropriate to differentiate between historically <br />approved and currently approved hydrologic monitoring measures. <br />41. Rules 2.05.6(4). (5) and (6) (Statutes 34-32-111(1) and 121(2)) <br />The permit is in compliance with the applicable sections of these Rules. <br />42. Rule 2.06 (Statutes 34-32-134. 120(31. 120(4). 110(2)(g). 131 and 120(2)(1)) <br />The Division, at the last permit renewal, made a negative fmding for the presence of <br />alluvial valley floors, prime farmlands, mountaintop removal operations, steep-slope <br />mining operations, variances for delays in contemporaneous reclamation with regard to <br />combined surface and underground operations, experimental mining practices, angering <br />operations, and in-situ processing operations. Operations at the mine site have not <br />changed since the last permit renewal in a manner that would necessitate the Division <br />to revise these specific findings. The permit is thus in compliance with the rules <br />pertaining to these types of operations. <br />The Northgate IAadout is a support facility located outside of the Bourg Mine permit <br />area. The facility, situated approximately 1 ~fz miles north of Cowdrey, Colorado, in <br />Jackson County, is permitted through the Bourg Mine permit. The permittee is in the <br />process of requesting a Phase I/II/III Bond Release for the loadout at the time of this <br />mid-term review. The permit is in compliance with the applicable sections of <br />Rules 2.06.10 and 4.28. <br />-9- <br />