GENERAL52532

• Permit No: C1981011
• IBM Index Class Name: General Documents
• Doc Date: 5/16/1988
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN1
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

basis rather than monitoring ground water by a bedrock monitoring well
network. The mine inflow study and the spring survey will detect any
affects to the prevailing hydrologic balance earlier than a monitoring
well grid, To date, no affects have been observed.
The operation is in compliance with the requirements of this section,
VII. Alluvial Valley Floors - Rules 2.06.8 and 4.24
Information pertaining to alluvial valley floors (AVF) is presented on
pages 65-65,05 of the permit application.
From the information suhmittad, the Division has determined that Trout
Creek and Middle Creek meet the criteria of an AVF. As depicted on Map 2
of this document, the Trout Creek AVF runs through the southeast portion
of the permit area and the Middle Creek AVF is located about 4000 feet
northwest of the permit area, The nearest agricultural activity is,
however, over one mile downstream along Trout Creek and approximately
4000 feet to the northwest in the next drainage of Middle Creek, Neither
AVF will be undermined, The mine entries have been driven into the
northwest hillside above and away from Trout Creek.
The requirements of Rule 2.06.8(5)(a) are rot applicable if certain
conditions were met prior to August 3, 1977, A review of Colorado
Division of Mines records indicates that Sunland produced coal in
commercial quantities from the Apex No, 2 Mine in 1976, Also, Routt
County issued a Special Use permit to Sunland in 1476. These factors
reveal Sunland does qualify for an exemption from Rule 2, 06.8(5)(a) as
allowed in Rule 2.06.8(5)(a)(i)(B). This exemption was granted with the
original permit approval and the Division has received no new information
that causes a modification to this exemption,
The geographical extent of the exemption was determined by the Division
to he that area permitted by Routt County in 1976. Therefore the Apex
No, 2 Mine is exempt fmm Rules 2,06.8(5)(a) for those areas within the
Federal lease excluding the SE 1/4 SW 1/4 and SE 1/4 NW 1/4 of Section 22
for surface facilities.
Although Apex No, 2 does have this exemption, the performance standards
of Rule 4,24 still are applicable, The performance standards require
that the essential hydrologic functions, the agricultural utility and the
level of productivity of both the Trout Creek and Middle Creek AVF's will
be reestablished as part of reclamatior, The Division has determined
that Sunland will meet this performance standard as addressed below.
As defined in Rule 4,24, essential hydrologic functions of the Trout
Creek AVF are the existence of an alluvial aquifer and subirrigation,
Because the alluvial deposits have not and will not be disturbed, the
natural flow of the alluvial aquifer will not be modified nor will the
amount of water within the alluvium be changed. As previously discussed
in the Surface and Ground Water sections (Section V and YI,
respectively), nn changes in the water quality of Trout Creek have been
detected nor are any changes anticipated, No changes in water quality
are anticipated because of the magnitude of dilution, 1 part water from
the permit area to over 10,000 parts water fmm the stream,
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