2009-06-22_GENERAL DOCUMENTS - C1981033 (2)

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Water Rijzhts and Replacement - Rules 2.04.7(3). 2.05.6(3)(ii). 2.07.6(2)(c). and 4.05.15 Water rights and replacement information for the Bear No. 3 Mine is presented in Sections 2.04.7 and 4.05.15 of the Bear No. 3 permit application. When the Bear No. 3 Mine was in operation, water was obtained from two sources. Potable water consumed at the site was provided by the Somerset Domestic Waterworks. Water withdrawn from the North Fork of the Gunnison River was used in the mine for dust suppression and other mine-related uses. During operations, the mines annually consumed approximately two acre-feet of water for mine-related activities. Bear Coal has a water right for an annual withdrawal of up to seven acre-feet of water from the river. No groundwater was taken from aquifers by the Bear Coal Co. mining operation; therefore, the Bear operation did not adversely affect any groundwater rights. The small amount of water withdrawn from the North Fork of the Gunnison River did not affect the water rights of other downstream users. Bear Coal Company had committed to replace any water rights which were affected or damaged by their mining activities. Soils - Rule 2.04.9.2.05.3(5). 2.05.4(2)(d) and 4.06 Soils resource information for the Bear No. 3 Mine is contained in Sections 2.04.9 and 4.06, Exhibits 9 and 23, and Map 4 (Soils) of the Bear No. 3 Mine permit application. Six soil types are present on the permit area, but only the Breece loam was extensively disturbed by mining. The soil types are the Absarokee - Work Loam, Beenoon-Absarokee Association, Breece Loam, Cryoborolls, Torriothents Haplergids, and Torriothents Rock Outcrop. The Breece Loam occurs along flood plains of the North Fork of the Gunnison River and has been extensively disturbed by surface facilities of the Bear No. 3 Mine. The surface horizon of this soil consists of up to 19 inches of dark brown loam. The surface horizon is underlain by up to 40 inches of stratified, mottled silts and sands. The silts and sands grade into coarse sands, gravel and cobbles as depth increases. Bedrock is generally greater than 60 inches below the ground surface. Soil samples taken from the Bear No. 3 Mine facilities area indicate that the Breece Loam is a sandy loam with neutral pH, low SAR and salinity. The Beenom-Absarokee Association soils are shallow, well drained soils on steep mountainside slopes, with thicker deposits developing on the lower part of the slopes. Moderately sloping uplands and valley side slopes are included in the Absarokee-Work Loam unit, characterized by predominantly loamy surface soils overlying sandstone, with soil thicknesses of more than 60 inches in depressions and swales. Previous portal development at the Bear No. 3 Mine had disturbed soils of the Beenom-Absarokee Association. No further disturbance of this soil occurred at the Bear No. 3 Mine. Vegetation - Rules 2.04.10.2.05.4(2)(e) and 4.15 Vegetation information for the Bear No. 3 Mine is presented in Sections 2.04.10 and 4.15 and Map 3 (Vegetation) of the Bear No. 3 Mine permit application. Revegetation information for the Bear No. 3 Mine is presented in Sections 2.05.4 and 4.15 of the Bear No. 3 Mine permit application. Vegetation types present in the Bear permit area include Aspen, Wet mixed shrub, Dry mixed shrub, Douglas fir, Juniper-Piiion, Dry Meadow and Riparian. 8