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C-1981-022 <br />RN-05 Findings <br />February 2009 <br />Stream Buffer Zones <br />1. The Division has approved surface and underground mining activities within 100 <br />feet or through perennial streams. This decision was based on a finding that on <br />Hubbard Creek the original stream channel will be restored, water quality and <br />quantity shall not be adversely affected, and appropriate riparian vegetation will be <br />reestablished. On the North Fork of the Gunnison, the decision was based on the <br />fact that the original stream channel would not be affected and water quality and <br />quantity would not be adversely affected. The buffer zone variance was granted <br />for the areas located at the stream crossing and pre-law bench area at the lower <br />Hubbard Creek site and the topsoil stockpile at the upper Hubbard Creek site. The <br />buffer zone variances on the North Fork of the Gunnison are located at the alluvial <br />well and leach fields just above and below the town of Somerset (4.05.18(1)). <br />2. The Division has approved surface and underground mining operations within and <br />through Elk Creek, an intermittent stream. The Division made the findings that: 1) <br />the stream channel will be reconstructed in accordance with the requirements of <br />Rule 4.05.4(4), 2) during and after mining, the water quantity and quality from the <br />stream section within 100 feet of the surface coal mining operations shall not be <br />adversely affected, and 3) the reclamation plan provides for the reestablishment of <br />appropriate riparian vegetation. <br />3. The Division has also approved surface and underground mining operations within <br />and through Bear Creek, an ephemeral stream. The Division made the findings <br />that: 1) the stream channel will be reconstructed in accordance with the <br />requirements of Rule 4.05.4; 2) during and after mining, the water quantity and <br />quality from the stream section within 100 feet of the surface coal mining <br />operations shall not be adversely affected; and 3) the reclamation plan provides for <br />the reestablishment of appropriate riparian vegetation. <br />K. Probable Hydrologic Consequences of Mining (2.05.6(3)(b)(iii)) <br />This section reviews the Probable Hydrologic Consequences (PHC) of mining at the <br />Somerset Mine, Sanborn Creek, and Elk Creek Mine locations. The review includes <br />the probable consequences which will result from the three mines. The Cumulative <br />Hydrologic Impact Study (CHIS) for the North Fork of the Gunnison River contains a <br />detailed analysis of the cumulative impacts of all currently permitted mine activities <br />within the North Fork of the Gunnison River drainage basin. The CHIS document is <br />available for review at the Division office. This PHC is based upon information <br />contained within Permit No. C-81-022 (Somerset Mine, Sanborn Creek Mine, and Elk <br />Creek Mine) and upon the analyses contained within the CHIS for the North Fork <br />Gunnison River. The PHC separately addresses potential effects on groundwater and <br />22