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<br />-42- <br />Stipulation No. 15 <br />THE PERt4ITTEE SHALL SUBMIT ANNUAL HYDROLOGIC MONITORING REPORT FOR <br />THE ALLEN MINE. THE MONITORING R-EPORT SHALL INCLUDE A SUMMARY AND <br />ANALYSIS OF DATA COLLECTED DURING` THE YEAR, INCLUDING: 1) WATER USED IN <br />THE MINING OPERATION; 2) MINE WATER DISCHARGES TO RECEIVING STREAMS <br />(QUANTITY AND QUALITY); 3) MINE WATER INFLOWS (ANNUAL MINE INFLOW <br />STUDY); 4) STREAM FLOWS AND QUALITY; 5) IMPACTS TO THE QUALITY AND <br />QUANTITY OF ALLUVIAL AND BEDROCK AQUIFERS; AND 6) IMPACTS TO SPRING <br />FLOWS AND QUALITY. THE MONITORING REPORT SHOULD INCLUDE A DESCRIPTION <br />OF MITIGATIVE MEASURES TAKEN TO MINIMIZE DISTURBANCE TO THE PREVAILING <br />HYDROLOGIC BALANCE. THE MONITORING REPORT SHALL BE ADEQUATE TO PLAN FOR <br />MODIFICATION OF SURFACE OR UNDERGROUND MINING ACTIVITIES, IF NECESSARY, <br />TO MINIMIZE DISTURBANCE TO THE PREVAILING HYDROLOGIC BALANCE. <br />VIII. Alluvial Valley Floors (Rules 2.06.8 and 4.24) <br />Alluvial Valley Floor Exemption <br />The applicant has requested that the Division make a specific finding that the <br />Allen Mine is "grandfathered" from the requirements of Rule <br />2.06.8(5)(a)(i)(A). Rule 2.06.8(5)(a)(i)(B)(I) allows for the exemption of a <br />mining operation that, in the year preceding August 3, 1977 either. <br />(1) produced coal in commercial quantities and was located within or <br />adjacent to alluvial valley floors; or . <br />(2) obtained specific permit apprpval to conduct surface coal mining and <br />reclamation operations within an alluvial valley floor. <br />The applicant claims eligibility for the reason of having produced coal in <br />commercial quantities prior to August 3, 1977. According to Colorado Division <br />of Mines records, the Allen Mine continually produced coal from 1951 to 1982. <br />Therefore, the Allen Mining operation is "grandfathered" from the requirement <br />of Rule 2.06.8(5)(a)(i)(A). <br />The geographic extent of lands eligible for a "grandfather" exemption, <br />according to Rule 2.06.8(5)9a)(i)(B)(II), is the actual extent of the mine <br />workings on August 3, 1971 and adjacent lands for which there existed <br />substantial demonstrable financial or regulatory commitment to mine in the <br />future. In such cases, the determination of geographic extent shall be made <br />by the Division on a case-by-case basis using all available information. <br />Based on all available information submitted by the applicant, the geographic <br />extent of the exemption is presently defined as that area contained within the <br />mine permit boundary denoted on the aerial photo submitted in February of <br />1981. This includes only the area of surface disturbance within the Stonewall <br />Valley, no mine workings. Additional information will be required from the <br />applicant before other areas can be considered for exemptions. <br />