2008-03-21_PERMIT FILE - C1980007 (5)

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Chapter 3 3.3 WATER SOURCES • V_J 3.3.1 Regulatory Framework If the Dry Fork LBA tract is issued, the lessee or operator would be required to submit a permit application package (PAP) to the USDI-OSM and the CDMG before any mining could occur. The Forest Service has a concurrence role at the mine permitting stage, if NFS lands are involved. The SMCRA and the Colorado Surface Coal Mining Reclamation Act contain provisions for protection of water resources from effects of underground coal mining. Parts of these acts and enabling regulations provide for no disruption of the hydrologic balance (i.e. impart no material damage to these resources). As part of the PAP, an applicant must also prepare a probable hydrologic consequences document. This document is reviewed by the agencies and a cumulative hydrologic impacts analysis (CHIA) prepared by the CDMG. A CHIA for the North Fork of the Gunnison River was conducted by CDMG as a means of assessing hydrologic impacts to surface water resources and regulating discharge from the West Elk Mine (CDMG 1997). It is assumed that information in the existing CHIA will also apply to the Dry Fork tract. A new CHIA will be prepared during the permitting process by the CDMG. Under the state coal regulations, various state agencies have permitting authority for the activities associated with mining. For example, the Colorado Department of Public Health and Environment (CDHPE) regulates water quality discharges from West Elk Mine through a National Pollutant Discharge Elimination System MDES) permit. The water rights held by the MCC on the North Fork of the Gunnison River and in other locations a. re administered by the Colorado State Engineer under the Division of Water Resources. The Dry Fork LBA tract lies to the southeast and east of the West Elk Mine's existing mining permit area (MCC Permit C-80-007). The mining permit details monitoring of performance standards and permit requirements, including water resources monitoring. Results of annual monitoring must be reported annually in an annual hydrologic report. Dry Fork Lease-By-Application FEIS Affected Environment and Environmental Consequences The Forest Service District Office in Paonia, Colorado and MCC agreed to informal monitoring of the Forest's water resources. Results of this monitoring are included in MCC's Annual Hydrologic Report (see Chapter 6). MCC has a State-approved water replacement plan included as part of their approved mine permit. The Mountain Coal Company Water Augmentation Plan was adjudicated in February 1987, in Division 4, State of Colorado Water Court. A copy of the Adjudicated Water Augmentation Plan is included in MCC State-approved mine permit. The water augmentation plan covers mitigation of potential impacts from mining in the Minnesota Creek Basin. The water augmentation plan is based on worst case conditions where mining in the basin depletes the Dry Fork of Minnesota Creek and requires augmentation by Mountain Coal Company water rights up to 10.96 cubic feet per second (4919 gallons per minute) maximum headgate diversion. 3.3.2 Analysis Methods and Area The project impact area for water resources is the Dry Fork LBA tract area and the Upper Dry Fork of Minnesota Creek, Deep Creek, and Upper Lick Creek drainages. The cumulative impact area is the area encompassed by the West Elk Mine existing leases and permit area. The existing environment for water resources includes stream segments that drain the project area, groundwater in alluvium/colluvium, overburden, and coal bearing zones, discharge water quality, and the water balance. Springs, seeps, and stream segments that drain the project area were assessed by: o Changes in channel morphology due to subsidence, Changes in surface water flow, and Changes in sediment and constituent load. Groundwater impacts from mining-related subsidence were assessed by: Changes in groundwater levels in monitored wells, and 3-15