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<br />Based on the observations set forth above, the Division finds Oakridge has not demonstrated that <br />development of the approved postmining land uses has substantially commenced. <br />Regarding the adequacy of Oakridge's demonstration that the approved postmining land uses are <br />likely to be achieved, as required by Section 3.02.3 (2)(c), the Division recognizes the possibility that <br />these uses may eventually be achieved in the bond release area based on the area's close geographic <br />proximity to existing types of these uses. The Division understands, however, the wording in <br />Section 3.02.3(2)(c) "likely to be achieved" refers to development of an approved postmining land <br />use that has substantially commenced in the bond release area. The Division has previously found in <br />this document that the development of the approved postmining land uses in the bond release area <br />have not substantially commenced; therefore, the Division finds that the approved postmining land <br />uses are not yet likely to be achieved. <br />Completion of Hydrologic Evaluation Required by Section 3.03.2(2) <br />The Division has conducted an evaluation of hydrologic impacts, in accordance with Section <br />3.03.2(2). This evaluation included consideration of whether pollution of surface or subsurface <br />water is occurring, and the probability of future occurrence of such pollution. The results of the <br />evaluation of hydrologic impacts are summarized below. The hydrologic evaluation concluded that <br />no water pollution is occurring and there is no potential for future water pollution. <br />Ground Water Impacts: <br />The Division conducted a detailed analysis of potential ground water impacts at the Carbon <br />Junction Mine in 2004 as described in a memo to the Division's annual hydrology report file, <br />dated June 11, 2004. The Division's reviews of annual hydrology reports since 2004 have <br />found no changes to the potential for ground water impacts as described in the 2004 memo. <br />The 2004 memo is summarized below. <br />Should ground water degradation occur, the following two aquifers are the most likely to be <br />degraded by mining at Carbon Junction: the Animas River alluvium (one-half mile <br />downslope from the mine) and the Pictured Cliffs Sandstone (which subcrops beneath the <br />mine pits). <br />Alluvial aquifers: Animas River alluvial water can be expected to have not been degraded <br />by mining because the volume of spoil at the mine (less than 50 acres of surface area) <br />would not generate enough leachate to overcome the dilutional effect of native alluvial <br />ground water. <br />Bedrock aquifers: Prior to suspension of its monitoring in 2005, downgradient monitoring <br />well 95-1 was monitored for coal spoil leachate. This well is located within the expected <br />flowpath of any leachate that would be generated in the Carbon Junction backfilled pits. <br />This well has not shown evidence of leachate. Absence of leachate indicates the operation <br />is in compliance with the Basic Standards for Ground Water (Colorado Water Quality <br />Control Regulation 41.5.C.6). Carbon Junction's approximate 45-acre surface disturbance <br />15