2011-01-13_REVISION - C1981038 (8)

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The mine plan had been designed to preclude mining in certain critical areas where water rights exist. For example, the north extreme of East Roatcap Creek was not undermined to prevent impacts to certain water rights. In areas where the overburden depth was less than 800 feet, BRL conducted limited coal extraction under streams to minimize the potential for any subsidence. Should damage to any pipeline, spring, pond, etc., be identified as the result of mining, BRL will repair the damage in accordance with their "Subsidence Repair Handbook." This handbook, incorporated into Volume 3 of the application, contains detailed procedures that will be implemented to repair water resources and structures should they be impacted. A general water replacement plan had been prepared by the operator to augment water to water users while any mine related damage is being repaired. The applicant has demonstrated water is available and can be transported to affected water users if damage occurs. Their water rights consist of both springs and ditch water that could supply a variety of users. Impacts on water users would not be all at once. Rather, impact would progress slowly over areas as coal was mined. The applicant also agreed to reduce leaks and seeps on some ditches and has changed the point of diversion of the Overland Ditch from East Roatcap Creek to West Roatcap Creek.to further protect the rights of present water users. To protect stock and wildlife, the applicant had committed to maintaining a designated number of stockponds on the permit area which will be protected from damage. When BRL mined under Steven's and East Roatcap Creek, there was the possibility that water could have been encountered even if there was no subsidence. Faults and fractures may be encountered underground that are in communication with the stream and its associated alluvial/colluvial deposits. Dewatering of these faults and fractures could diminish streamflow and the alluvium/colluvium when water is present. The limited depletions are not predicted to be significant enough to cause a major change in stream characteristics or impact the hydrologic balance. The only concern with diminishment of Steven's Gulch or East Roatcap Creek stream flow would be to water users within those drainages. The operator has responded to this concern in their water replacement plan. The Division's findings on this issue are included in the Water Rights and Replacement discussion in Section VII of this document. Based on data from other mines in the valley, the Division would anticipate stream-related inflows to be only a few hundred gallons per minute at worst case during certain times of the year when the streams are flowing. Following a detailed investigation and analysis, the applicant has predicted that worst-case inflows from East Roatcap Creek would be 5.2 gpm and inflows from Steven's Gulch would be 5.7 gpm. These would increase to 33.5 gpm for the life of mine. Inflows below East Roatcap Creek have averaged less than 1 gpm. A mitigation plan has been approved that will replace any water lost by mining. The hydrologic consequences of the mine are expected to be minimal. The applicant reports that no degradation of water quality in surface streams is expected. Any effluent will be treated as necessary to meet quality standards prior to discharge. Although mine inflows are currently small, if inflows are encountered the application contains a plan for a collection and treatment prior to discharge. 30