2013-10-08_REVISION - C1982056 (22)

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Division approved in PR-8 additional undermining of Fish Creek by mining in the Western Mining District in panels 13L, 14L, 15L, 16L, and 17L. Trout Creek Alluvial deposits on Trout Creek meet alluvial valley floor criteria based on extensive acreage of flood irrigated hayland, potential for flood irrigation and a presumed capability to support sub-irrigated vegetation. The Division has determined that Trout Creek is an AVF as delineated on Map 15. Twentymile Coal does not propose to undermine Trout Creek. Foidel Creek/Middle Creek Confluence The alluvial body at the confluence of Foidel Creek and Middle Creek, extending from the County Road No. 33 crossing of Middle Creek, upstream on both Foidel and Middle Creeks, to the first Trout Creek irrigation diversion ditch, does meet alluvial valley floor criteria based upon existing flood irrigation and a presumed capability to support sub-irrigated vegetation. This area is also delineated on Map 15 of the PAP. Permit Revision No. 5 approved undermining a portion of the Foidel Creek AVF. AVF Determination - Negative Determination Foidel Creek Previous to PR-03, an alluvial body along Foidel Creek in sections 28, 29, 31 and 32, T5N R86W, was determined not to be an AVF based on a finding of insufficient water to support flood irrigation, and a determination that sub-irrigated areas were less than 10 acres in extent and supported species which were not agriculturally useful. During the review of Permit Revision No. 1 (PR-01), the potential impacts to identified alluvial valley floors were reevaluated. Areas previously determined by the Division to not meet alluvial valley floor criteria were not reexamined. As a result of additional vegetation data and land use information submitted by the applicant and site visits made by Division staff, however, certain lands previously identified as alluvial valley floors were found not to meet AVF criteria. Based on the limited extent of arable land and relatively high percentage of non- agriculturally useful species as documented by species composition data included in the September 22, 1986 submittal, the Division concluded that the area of sub-irrigated alluvium on lower Foidel Creek denoted as "Pasture 19" on supplemental Map No. 1 is not an alluvial valley floor. The extent of farmable acreage would be 10 acres or less. The areas are not presently and have not historically been farmed, and evidence presented indicates that farming is not typically practiced on similar parcels in the region. During PR03 review, the Division determined that areas upstream of the Leiske ditch crossing of Foidel Creek as shown on Map 15 (Sections 14, 21, 22, 23, and 28, T5N, R86W) are not alluvial valley floors. This determination was based on the lack of 36 Foidel Creek MineOctober 8, 2013