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The remaining 162,000 gallons per day (gpd) of water use is for coal spraying and dust <br />suppression activities. The estimate is conservative and includes a 15 percent <br />contingency for leakage. Consumptive use is difficult to estimate, but should be less <br />than 85 percent. The return flow along with any seepage water would be collected and <br />routed to sediment pond MB-1. This water is then treated and either released to the <br />North Fork or recycled. Assuming 138,000 gpd (0.2 cfs) is the consumptive use, only <br />about one percent of the lowest flow on record would be consumed. The information <br />provided above demonstrates that there is no risk of material damage to the quantity and <br />quality of water supplying the AVF identified on the North Fork of the Gunnison River. <br />MCC has met the requirements of Rules 2.06.6 and 2.06.8. <br />Based on the above information, for the North Fork AVF, Minnesota Creek Main Stem <br />AVF, and the Lower Minnesota Creek AVF, the Division makes the following findings. <br />The surface coal mining operations would not interrupt, discontinue, or preclude <br />farming on an alluvial valley floor (Rule 2.06.8(5)). <br />2. The surface coal mining operations would not materially damage the quantity and <br />quality of water in surface and underground water systems that supply those <br />alluvial valley floors or portions of alluvial valley floors (Rule 2.06.8(5)). <br />2. Surface coal mining and reclamation operations will be conducted to preserve, <br />throughout the mining and reclamation process, the essential hydrologic functions <br />of alluvial valley floors not within the affected area (Rule 4.24.2). <br />3. An environmental monitoring system will be installed, maintained, and operated by <br />the permittee on all alluvial valley floors during surface coal mining and <br />reclamation operations and continued until all bonds are released in accordance <br />with Rule 3 [Rule 4.24.5(1)]. <br />XVIIL Operations on Prime Farmland <br />There are no prime farmlands within the West Elk Mine permit area. <br />XIX. Mountaintop Removal <br />1. This section does not apply to the West Elk Mine. <br />XX. Operations on Steep Slopes <br />This section does not apply to the West Elk Mine. <br />XXI. In Situ Processing <br />This section does not apply to the West Elk Mine. <br />54