GENERAL50142

• Permit No: C1981038
• IBM Index Class Name: General Documents
• Doc Date: 7/15/1991
• Doc Name: ADDENDUM to FINDINGS OF COMPLIANCE FOR RN1
• From: For Alluvial Valley Floor
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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Alluvial Valley Floors -Findings
The applicant is eligible for exemption from the requirements of Section
34-33-ll4 (2) (e) (u) of C . R . S .1973 by virtue of having a permit issued before August
3, 1977. This permit was a License to Mine, issued by the Colorado Division of Mines
on December 14, 1976. This was the primary permit required at the time by Colorado
law to operate an underground coal mine. The extent of this exemption must be based
upon a demonstration of financial or regulatory commitment to mine before August
3, 1977. In this case, mine maps submitted to the Division of Mines and information
in the permit application (see "Ground Water Investigation of Steven's Gulch" in
Volume 4) provide the appropriate financial or regulatory demonstration. Therefore,
the azea identified as an Alluvial Valley Floor along the North Fork of the Gunnison
River are exempt from the requirements of Section 34-33-ll4 (2) (e) (I) . The permit
revision azeas and the potential Alluvial Valley Floor in adjacent Terror Creek aze
not covered by the grandfather provision, and will be discussed separately.
Although exempted from Section 34-33-ll4(2) (e) (I), the applicant must still comply
with Section 34-33-120 (2) (j) (VI) for all activities that involve surface operations or
surface impacts incident to the underground portions of the mine. To demonstrate
compliance, the applicant must identify the essential hydrologic functions of an
Alluvial Valley Floor and submit a plan demonstrating that the essential hydrologic
functions can be preserved throughout m;*++*+g or restored after min;nq,
The e~c~ntial hydrologic functions of the AVF along the North Fork of the Gunnison
aze both flood irrigation and subirrigation. The lower levels of this AVF aze
subirrigated naturally. Yet, the upper portions, between the Fazmers Ditch and the
river, which exhibit some subirrigation, may be attributed to recharge from adjacent
irrigation ditches and canals. In these areas flood irrigation is the esc~*+tial
function.
The operator will restore the essential hydrologic functions of this Alluviai Valley
Floor at the completion of mining. The loadout facilities will be dismantled and hauled
off the site. The area will be regraded to restore irrigation ditches and original
pre-mining contours. To verify that the site has been restored to its pre-m;n;nq
function of flood irrigable lands, the Division is imposing the following monitoring
stipulation:
Stipulation No. 26
ONE YEAR AFTER THE COMPLETION OF RECLAMATION ACTIVITIES AT THE
LOADOUT, THE OPERATOR SHALL COMPARE THE SOIL CHARACTERISTICS
OF THE RECLAIMED AREA WITH THE ADJACENT UNDISTURBED ORCHARD
AREAS TO VERIFY THAT THE HYDROLOGIC FUNCTION OF FLOOD
IRRIGABILITY HAS BEEN RESTORED. SUCH COMPARISON SHOULD HE IN
THE FORM OF INFILTRATION, PERMEABILITY AND TEXTURE STUDIES. A
REPORT SUMMARIZING THE RESULTS OF THE INVESTIGATION SHALL HE
SUBMITTED TO THE DMSION WITHIN EIGHTEEN MONTHS OF COMPLETION
OF THE LOADOUT RECLAMATION ACTIVITIES.
With the acceptance of the above stipulation, the Division finds that the essential
hydrologic functions of the Alluvial Valley Floor along the North Fork of the
Gunnison River will be restored after mining,