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The mine will not adversely impact flooding processes or stream flows in the North <br />Fork of the Gunnison River. Mining operations are not expected to decrease flows <br />in any of the ephemeral or intermittent drainages to be undermined. The operation <br />will not adversely impact downstream water users. <br />The operator will use about 36.4 acre -feet per year for underground and <br />above - ground dust suppression at the production rate of 6 million tons /year. This <br />water will be drawn from an existing surface water right of 1300 acre -feet per year <br />on the North Fork of the Gunnison River. More detailed information is available in <br />the CHIS for the North Fork of the Gunnison River. <br />IV. Topsoil <br />1. The Division has determined that selected overburden materials may be used <br />for, or as a supplement to, topsoil. The resulting soil should be equal to or better <br />than the available fill material. This determination will be based on physical and <br />chemical analyses and field site trials approved by the Division (4.06.2(4)(a)). <br />Oxbow Mining, LLC has agreed to remove and /or bury coal and coaly material on <br />the pre -law Elk Creek yard area. Since topsoil is not available, the resulting surface <br />material will be tested to determine if it is suitable as plant growth medium. If it is <br />not, it will be covered by at least six inches of suitable plant growth medium or <br />topsoil salvaged from development of the present coal mine waste pile area or the <br />Sanborn Creek facilities areas. The areas stripped of topsoil for emplacement of the <br />Sanborn Creek facilities will be regraded following mining, tested and treated with <br />topsoil in a similar fashion. All stockpiled topsoil will be used in reclamation. <br />None will be left stockpiled upon final reclamation. The topsoil stockpiled at the <br />upper Hubbard Creek area will be used to partially cover pre -law waste piles that <br />exist at the lower Hubbard Creek area. The upper Hubbard Creek bench will be <br />retained as an approved USFS parking lot. Stipulation No. 25 addressed the need <br />for an accurate, current assessment of topsoil balance across the mine site. This <br />stipulation was satisfied by the Minor Revision 67, approved May 14, 2003. <br />V. Sealing of Drilled Holes and Underground Openings <br />The Division will require that each hole, well or other underground opening be <br />capped, sealed, backfilled, or otherwise properly managed (4.07.3). This <br />commitment is contained in the permit on pages 2.05 -20, 49 and 67. <br />VL Coal Mine Waste Banks <br />The Division has approved plans for use, construction and maintenance of three coal <br />mine waste disposal areas: the East Yard area, the West Valley Coal Refuse <br />Facility, and the 11 West Coal Refuse Facility (4.10.1 (1)). The East Yard waste pile <br />is in the process of reclamation; the West Valley site has very little capacity <br />remaining. The II West site was approved since the previous permit renewal, and is <br />24 <br />