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deposits, agricultural fields located below the rail loop which may be subirrigated, <br />and alluvial waters from Dry Creek apparently being used to irrigate hay fields <br />downstream) and previous findings by the Division for the Seneca II-W Mine <br />concerning Dry Creek, those portions of Dry Creek mapped as alluvial deposits will <br />continue to be designated as part of the Dry Creek alluvial valley floor. <br />The Loadout has existed on the Dry Creek valley floor since early 1978. The area of <br />the valley floor affected by the disturbance comprises approximately 4% of the area of <br />unconsolidated alluvial deposits in the valley. None of the disturbance impinges upon <br />the area of irrigated agriculture indicated by the applicant. No further disturbance is <br />planned for this operation. Because of the small area involved and because the <br />disturbance is contained with a sediment control system, there will be no significant <br />effect of the operation on the integrity of surrounding agricultural activity. <br />Impacts on surface water quality due to disturbances at the Loadout will be minimal <br />due to the size of the permit area with respect to the surface area drained by Dry <br />Creek. Furthermore, data provided by the applicant indicates that coal stockpiled at <br />the Loadout does not contain any chemical constituents at high enough concentrations <br />to be of concern with respect to contamination of surface water. Surface water effects <br />will be monitored during and after mining by surface monitoring stations on Dry <br />Creek upstream and downstream of the disturbance to verify this conclusion. <br />Impacts on ground water due to disturbance at the Loadout could result from leaching <br />of stockpiled coal and its eventual percolation into the alluvial ground water. This <br />percolation would be expected to be minimized as a result of the degree of <br />compaction, which would be expected to result from the use of heavy equipment at <br />the Loadout (increased compaction of the surface decreases the permeability of the <br />surface material, causing most of the precipitation to run off). The potential for <br />degradation would also be expected to be minimal due to the relatively low <br />concentrations of contaminants, as indicated by coal analyses. <br />In conclusion, the Division makes the following findings: <br />The Division finds that activities proposed by the applicant will not interrupt, <br />discontinue or preclude farming on the alluvial valley floors that are or could be <br />irrigated or naturally subirrigated by Dry Creek (4.24.3(1)). The Division also finds <br />that the proposed activities will not materially damage the quantity or quality of water <br />in the surface or ground water systems as described above in the summary section of <br />this document and, in addition, these activities will comply with the requirements of <br />the Act and Regulations with respect to alluvial valley floors. (2.06.8(5)(a)(ii) and <br />4.24.3(1)). <br />This concludes the Proposed Decision and Findings of Compliance for the Hayden Gulch <br />Loadout for Permit Renewal 03. <br />26