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-43- <br /> The load-out facility, although only 20-40 feet topographically higher than <br /> the alluvial valley floor immediately adjacent to the facility, is not within <br /> the alluvial ground water area as evidenced by well depths of three wells at <br /> the load-out (85-90 feet) . Therefore, the load-out facility should not affect <br /> the ground water system that supplies the alluvial valley floor. <br /> Runoff water from the 2.7 acres of disturbance at the load-out will be <br /> contained within the sediment control system. This water will temporarily be <br /> stored in a sediment pond until effluent standards can be met and it can be <br /> released into the natural drainage system. This water will be monitored to <br /> insure that there is no material damage to the quality of water supplying the <br /> alluvial valley floor. In addition, the amount of surface water from 2.7 <br /> acres of disturbance is small and, therefore, would have a very minor effect <br /> on the quality of water. <br /> The quantity of water from the load-out facility will also not be affected. <br /> The water from the disturbed area will be released once it meets effluent <br /> standards, and only a small amount will be lost as dead storage below the <br /> sediment clean-out level of the sediment pond. This amount should be more <br /> than made up for by the increased runoff over natural conditions, from the <br /> paved roads. In addition, the quantity of water from the load-out is very <br /> minor in comparison to the water used in irrigation. <br /> Based on the above discussion and pursuant to Rule 2.06.8(5) (iii) , the <br /> Division finds that the proposed surface coal mining and reclamation <br /> operations will be conducted to preserve, throughout the mining process, the <br /> essential hydrologic functions of alluvial valley floors. <br /> The proposed operation is in compliance with the requirements addressed in <br /> this section. <br /> IX. Climatolo ical and Air Resources Information - Rules 2.04.8, <br /> 2.05.4 2 h , 2.05.6 1 and 4.17 <br /> Climatological information in section III-F of Volume 6 and Air Resource <br /> information in Chapter IV, section A of Volume 7 of the application were <br /> reviewed by the Division for compliance. The applicant has supplied all the <br /> climatological information required by the Rules and Regulations. <br /> The applicant contends that the majority of the proposed mining operation is <br /> exempt from emissions permits. The only existing emissions permit is for one <br /> of the two thermal dryers at the preparations plant. A letter from the <br /> Colorado Department of Health in Appendix IV-A-1 , states that all sources of <br /> air pollution that existed prior to February 1 , 1972 are exempt from emissions <br /> permits. Mines Numbers 1 , 2, 3, and 4 were definitely opened prior to this <br /> date, but there was some question whether Coal Basin Mine No. 5 was opened <br /> prior to this date. In several places in the application, it was stated that <br /> the Coal Basin Mine was opened after 1972. However, the applicant supplied <br /> adequate information to show that Mine No. 5 was opened prior to 1972. <br /> Therefore, the proposed operation is in compliance with the requirements of <br /> this section. <br />