GENERAL53077

• Permit No: C1981041
• IBM Index Class Name: General Documents
• Doc Date: 12/1/1982
• Doc Name: Proposed Decision and Findings of Compliance
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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Using the above monitoring system, an effect would be evidenced if a difference
in water level between the two wells was measured.
Pursuant to Rule 2.07.6(2)(c), and based on the above discussion, the Division
finds that the proposed operation will not adversely affect the hydrologic balance
outside the permit area.
VIII. Alluvial Va1leq Floors (2.06.8, 4.
The applicant's alluvial valley floor investigations in Section 2.06.8 of Volumes
I and V of the application were reviewed for compliance.
These are two separate areas where alluvial valley floors must be assessed:
1) the surface facilities area and adjacent area at the Roadside and Cameo
mines; and 2) the Cottonwood/Rapid Creek drianages and adjacent areas which
will be undermined by the Roadside mine. These will be discussed separately in
this section. -•-
Facilities Area
The applicant identified approximately 500 acres of Zand within the reconaissance
study area that meet the geomorphic criteria for alluvial valley floors. This
Zand is located adjacent to the Colorado River. The applicant noted, on Exhibit 33
of the application, that a portion of this Iand is subirrigated and a portion was
historically flood irrigated.
It is the applicant's crontention that a Iarge portion of the alluvial valley floor
meets the requirement fora "grandfatherinq" exemption. The Colorado Surface Coal
Mining Reclamation Rct of 1979 allows an exemption from interrupting, precluding,
or discontinuing farming and from effects on the quantity and quality of water
supplying the alluvial valley floor, if, in the year preceding August 3, 1977, the
surface coal mining operations either .produced coal in commercial quantities and
were located within or adjacent to an alluvial valley floor, or had obtained permit
approval to conduct surface coal mining operations within an alluvial valley floor.
The geographic extent of the exemption is limited to the actual extent of mine
workings as of August 3, 1977, and adjacent lands for which there existed (at that
time) substantial demonstrable financial or regulatory committment to mine in the
future, as required by Rule 2.06.8(5)(a)(i)(B) in the Regulations of the Colorado
Mined Iand Reclamation Board for Coal Mining.
Surface coal mining operations which meet these criteria are exempt from the
requirement that prevents an operation from interrupting, discontinuing, or
precluding farming on an alluvial valley floor and from affecting the quality and
quantity of water supplying the alluvial valley floor, but are still required to
restore the essential hydrologic functions of the alluvial valley floor upon
reclamation of the mine.
The applicant provided copies of permits for the Roadside and Cameo mines which were
obtained in December, 1976 and January, 1977. Therefore, those lands permitted are
eligible for the "grandfather" exemption. These lands include those portions of
the permit area within Sections 27, 28, 33 and 34, T10S, R98W. This area includes
the entire affected alluvial valley floor, with the exception of that portion in
Section 26. However, that portion of Section 26 within the permit arcs as noted in
Exhibit 33 was disturbed as part of construction of the unit train loadout in 1977,
therefore, is eligible for the "grandfathering" exemption.
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