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(relevant sections of the MLR regulations are indicated in <br />parentheses): <br />1. If the unconsolidated streamlaid deposits <br />holding streams are present [2.06.8(3)(c)(i)]; <br />2. There is sufficient water to support agri- <br />cultural activities as evidenced by:[2.06.8(3)(c)(ii)] <br />- The existence of flood irrigation in the area <br />in question or its historical use [2.06.8(3) <br />(c)(ii)(A)] <br />- The capability of an area to be flood-irrigated, <br />based on stream-flow water yield, soils, water <br />quality, topography and regional practices <br />(2.06.8(3)(c)(ii)(B)] or <br />- Subirrigation of the land in question derived <br />from the ground water system of the valley floor <br />[2.06.8(3)(c)(ii)(c)). <br />It should also be stressed that the Orchard Valley Mine and <br />the loadout facility in the North Fork valley existed prior to <br />the issue of the pertinent federal and state laws. <br />I ~ II - 4 <br />~Earrcorto ca+winr~, wc. <br />