GENERAL53306

• Permit No: C1981038
• IBM Index Class Name: General Documents
• Doc Date: 11/12/1992
• Doc Name: COAL LEASE COC 37210 LEASE MODIFICATION APPLICATION
• From: CYPRUS ORCHARD VALLEY
• To: BLM
• Permit Index Doc Type: GENERAL CORRESPONDENCE
• Media Type: D
• Archive: No

C c~rpRUs
~ Orchard Valley
III IIIIIIIIIIIIIIII
999
Cyprus Orchard Valley Mine
P.O. Box 1299
Paonia, CO 81428
Phone: [phone]
Fax: [phone]
November 9, 1992
~~~~',rECf<~,
f.- ,
Mr. Alan Belt ~OV 1 2 992
Resource Area Manager
BLM Unoatg~aghre Basin Resource Area DIVISIUiv v,
2505 south Townserri Avenue MINERALS 8 GEO~-UR~~'
Montrose, CD 81401
RE: COAL LEASE CDC-37210: LFASE MODIFICATION APPLICATION
Dear Mr. Belt:
The following oomm~nts are provided for the record in response to Environmental
Analysis U-92-30 addressing the lease modification application for Coal Lease
COC-37210. Cyprus Crrhard Valley Coal Corporation (CCVCC) also submits the
following oonmlents as they pertain to those certain special stipulations attached
to aryl made a part of Lease COC-37210 addressing water rights protection within
and adjacent to the lease area.
It is COVCC's cln~rent urderstardirxJ thrargh informal conversations with BLM
Montrose District personnel that if the lease modification is issued, a specific
water replacement plan will be required to address the mitigation of potential
i~lacts upon springs identified in the Long Draw drainage of particular interest
to the Stucker Mesa Domestic Water Cong~any. Ftuther, it is COVCC's understanding
that the water replacement plan for these features will potentially rPm~ire
finalization in accordance with special stipulation "d" prior to mining within
any part of the West Roatcap Creek drainage including those portions located
within the existing opal lease COC-37210 boundary aryl those portions within the
proposed coal lease COC-53356 bau>Idary.
In aocardaance with special stipulation "d" originally attathed to lease COC-
37210, a owrq~rehensive water replacenw_rrt plan was developed and approved as part
of CMLRD Permit No. C-81-038. 'IY~e SturXer Mesa water interests in question today
were identified in the replacement plan as being located outside of the permit
area and detailed water replacement plans for these features were therefore not
developed. Special stipulation "c" attached to lease OOC-37210 provided and
still provides a means of legal protection and recourse for the beneficiaries of
these resources in the event of an adverse illpact attributable to mining. 4he
permit area boundary established arourxi the coal leases now held by CCVGC was
required by definition to include not only the lease areas themselves but also
areas outside of the leases which could conceivably be illpacted by subsidence.
Additional permitted areas which will be required to include the lease
modification acreage aryl the new oonpetitive lease acreage will still not
erxxxnpass the Long Draw springs locations. An arytnnent can be presented that as