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subirrigation of the Trout Creek P.YF has been protected by maintaining <br />the phreatic surface at the same depth as in adjacent areas. The <br />phreatic surface, which is the water level within the alluvium, was <br />determined to be 6-7 feet in depth as determined from the upstream <br />alluvial well, During and after mine reclamation, the subirrigation <br />level will likely be comparable to the depth at the alluvial well, <br />Therefore, the capability of subirrigation of the valley bottom has been <br />maintained. <br />The postmining agricultural utility and level of productivity of the <br />Trout Creek AVF should equal or exceed the premining conditions, <br />Because of the improved drainage of the raised, flat surface, the area <br />will be more conducive to raising crops. Suitable structures for flood <br />irrigation could easily be constructed, Therefore, the Division has <br />determined that the essential hydrologic functions, the agricultural <br />utility and the level of productivity of the Trout Creek AVF will be <br />protected, <br />As previously discussed in Section VI - Ground Water I{ydrology, <br />worst-case potential effects to the hydrologic balance of Middle Creek <br />were insignificant relative to the flow of the stream, Although the <br />Middle Creek AVF is down dip of the mine, the amount of water contributed <br />to the AVF from the permit area is less than 1~ of the total flow of the <br />stream, Furthermore, the AVF is 4000 feet away frnm the area to be <br />mined. Therefore, the Division concludes that the Middle Creek AVF will <br />not be affected, <br />The Division has determined that surface coal mining operations at the <br />Apex No, 2 Mine have been designed to meet the performance standards of <br />Rule 4.24, <br />VIII. Water Rights and Replacement - Rules 2,04,7(3) <br />a i c and <br />Information pertaining to surface water use, ground water use and <br />alternative water supply is presented on pages 66-69 of the permit <br />application, <br />Sunland has identified all adjudicated wells, springs, and ditches in the <br />vicinity of the mine, The operation has been designed to prevent iniury <br />to these adjudicated rights. However, if contamination, diminution, or <br />interruption of a water source were to occur as a consequence of mining <br />operations, Sunland would replace that water right with water of <br />comparable quantity and quality pursuant to Colorado Water Law. <br />The operation is in compliance with the requirements of this section, <br />IX. Probable F(ydrologic Consequences and Cumulative Impacts <br />Assessment - Rules 2,05,6 3 and 2.07,6 2 c <br />The applicant has predicted on pages 65,01, 65,02 and 69 that the mining <br />operation will not effect the quantity or quality of water in Middle <br />Creek nor will there be appreciable effects to the quantity or quality of <br />water in Trout Creek, <br />-12- <br />