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COAL <br />COMPANY o4 <br />Loadout area was undertaken during the permitting of PR -03 and it was <br />determined that non - mining related down cutting of Wilson Creek (circa <br />1983/1984) down gradient from the area impacted by mining activities has <br />lowered the effective water table to below the elevation necessary to support <br />essential hydrologic function of any potential AVF's in that area. Therefore, <br />requiring Colowyo to restore essential hydrologic function to any AVF's in the <br />area is not appropriate as the impairment was not a function of mining - <br />related activities. There is substantial evidence supporting the contention <br />that areas formerly suspected of being AVF's by previous reconnaissance <br />efforts by USGS, et. al. are not, due to the presence of colluvium deposits <br />rather than alluvium and the current hydrologic conditions present in Wilson <br />Creek. The text discussing this issue can be found under Volume 15 text <br />Section 2.06.8 Alluvial Valley Floor (AVF), pages 146 and 147 within the PR -03 <br />package (revised 9/28/2011) should you wish to read it. <br />Colowyo was unable to locate the quoted text on Page 2.05 -6 as indicated by <br />the Division. Colowyo located the correct page in the Division's version of the <br />PAP on page 2.05 -26. Therefore, due to the fact that this evaluation occurred <br />with PR -03 the text section has been removed. <br />e. On permit page 2.05 -40 (TR -82 rev. 9/28/09) CCC makes the declaration, <br />"Given the significant and nearly ubiquitous failures regarding the <br />establishment of shrubs, the only technique for use at the Colowyo mine that <br />holds any reasonable promise for success is direct seeding. Therefore, all <br />previous shrub - metrics indicated for use at the Colowyo mine are hereby <br />remanded." This declaration is counter to the agreement between CCC, <br />DRMS and Parks and Wildlife (please see TR84, approved 7/15/2011) and the <br />subsequent installation of the tall shrub /aspen study plots. Please remove <br />this statement on pages 2.05 -40 and 41 to minimize conflict with permit <br />commitments approved in permit section 4.15. <br />Response: Colowyo has removed the statement as requested. <br />4. Hydrology <br />a. CCC is awaiting renewal of CDPS Permit Number CO- 0045161 by the <br />Colorado Department of Public Health and Environment (Water Quality <br />Control Division). No response is required by CCC. <br />Response: No response required. <br />A Western Fuels - Colorado, LLC ruining property <br />