REP33909

• Permit No: C1981038
• IBM Index Class Name: Report
• Doc Date: 7/18/1994
• Doc Name: SUBSIDENCE MONITORING
• From: CYPRUS ORCHARD VALLEY
• To: DMG
• Permit Index Doc Type: SUBSIDENCE REPORT
• Media Type: D
• Archive: No

Mr. Kent Gorham
July 14, 1994
Page 2
regardless of the potential or lack of potential for structures to be materially
damaged. 'Ihe permit docimtent therefore correctly presents the only appropriate
determination allayed under the Rule 2.05.6(6)(b)(i).
Farther confusion may stem from the discussion presented in Volume 1, page 2.05-
143 irxlicating that subsidence control measures (i.e. buffer zones beneath
Stevens Gulch and East Roatcap Creek) will prevent surficial subsidence in the
areas of renewable resource lands. While this discussion is accurate, it has no
bearing under the regulations with regard to the particular determination
required under Rule 2.05.6(6)(b)(i). No provision within the regulation at this
point allows or calls for the required detP~~*~tion to be influenced by the
implementation of control measures.
Given the affirmative determination at Rule 2.05.6(6)(b)(i) that subsidence, if
it occurred, could cause material damage or diminution of reasonable foreseeable
use of structures and renewable resource lands within the permit and adjacent
area, the regulations lead to Rule 2.05.6(6) (b) (iii) which states that the permit
application shall include information required by either a subsidence survey as
described in Rule 2.05.6 (6) (e) , or a subsidence control plan as described in Rule
2.05.6(6)(f). Colorado Westmoreland, Inc. (CWI), the original permittee at
Orchard Valley, opted to include information required by a subsidence survey to
satisfy the requirement of Rule 2.05.6(6)(b)(iii). With respect to Rule
2.05.6(6)(b)(ii), the subsidence monitoring program specified at Rule
2.05.6(6)(c) is not applicable in this instance as the triggering determination
is not made.
Rule 2.05.6(6)(e) defines the contents of the subsidence survey required by Rule
2.05.6(6)(b)(iii) to include the following:
a detailed description of subsidence predicted to occur within the permit
and adjacent area (see 2.05.6(6)(e)(i));
a detailed description of material subsidence damage or diminution of
reasonable foreseeable use of structures and renewable resource lands
which could result from the occurrence of subsidence related phenomena
predicted in accordance with Rule 2.05.6(6)(e)(i)(D) (see
2.05.6(6)(e)(ii));
a conditional description of the subsidence monitoring program designed to
determine the accuracy of the subsidence prediction required by Rule
2.05.6(6)(e)(i)(D) required if the subsidence survey determines that no
material damage or diminution of reasonably foreseeable use could result
in the event of subsidence predicted to occur within the permit and
adjacent area (see 2.05.6(6)(e)(iii));
a conditional description of the subsidence control plan required if the
subsidence survey determines that material damage or diminution of
reasonably foreseeable use could result in the event of subsidence
predicted to occur within the permit and adjacent area (see
2.05.6(6)(e)(iv)).
~e detailed description of predicted subsidence related phenomena specifically