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2016-02-25_GENERAL DOCUMENTS - C1982056
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2016-02-25_GENERAL DOCUMENTS - C1982056
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Last modified
8/24/2016 6:19:30 PM
Creation date
2/26/2016 8:12:17 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
General Documents
Doc Date
2/25/2016
Doc Name
Proposed Decision and Findings (PR11)
From
DRMS
To
Twentymile Coal, LLC
Permit Index Doc Type
Findings
Email Name
JLE
DIH
Media Type
D
Archive
No
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the September 22, 1986 submittal, the Division concluded that the area of sub -irrigated <br />alluvium on lower Foidel Creek denoted as "Pasture 19" on supplemental Map No. 1 is <br />not an alluvial valley floor. The extent of farmable acreage would be 10 acres or less. <br />The areas are not presently and have not historically been farmed, and evidence <br />presented indicates that farming is not typically practiced on similar parcels in the <br />region. <br />During PR -03 review, the Division determined that areas upstream of the Leiske ditch <br />crossing of Foidel Creek as shown on Map 15 (Sections 14, 21, 22, 23, and 28, T5N, <br />R86W) are not alluvial valley floors. This determination was based on the lack of <br />sufficient water for flood irrigation, the lack of flood irrigation, the small size of the <br />valley bottom and the narrow nature of the stream, and the lack of meaningful <br />production or cover differences between the creekside and upland vegetative <br />communities. <br />Therefore, in summary, the Division finds that all valley bottom areas along Foidel <br />Creek upstream of the County Road No. 33 crossing are not alluvial valley floors. <br />Middle Creek <br />Prior to PR -03, no previous AVF determination had been made for areas above the <br />Foidel/Middle Creek confluence AVF on Middle Creek as these areas were not <br />proposed to be affected or impacted by the Foidel Creek mine operation. During the <br />PR -03 review process, the applicant submitted information to support its position that <br />areas along the Middle Creek valley floor in sections 12, 23, and 26 T5N R86W are <br />not alluvial valley floors. Twentymile Coal provided information which is contained <br />in the permit application as Exhibit 42a and consists of vegetation sampling data, <br />valley floor cross-sections, and a transect location map. The applicant also refers to <br />the narrow and deeply incised nature of Middle Creek. <br />There is no indication of past or current flood irrigation of these areas along Middle <br />Creek, and the geomorphic characteristics of this area would not lend themselves to <br />the development of an irrigation system. Based on the lack of flood irrigation <br />potential, the narrow and incised nature of the valley bottom, and the lack of <br />meaningful differences between the creekside and upland vegetative communities, the <br />Division has determined that areas upstream of the Connel ditch lateral crossing of <br />Middle Creek, as shown on Map 15, are not alluvial valley floors. In this case, the <br />extent of farmable acreage would be 10 acres or less. The areas are not presently and <br />have not historically been farmed and evidence presented indicates that farming is not <br />typically practiced on similar parcels in the region. A previous negative determination <br />had already been made for those lands along Middle Creek downstream from the <br />County Road No. 33 in section 12 to the first irrigation ditch crossing (Connel ditch <br />lateral). <br />Effects of Mining on Identified Alluvial Valley Floors <br />Foidel Creek Mine 41 February 25, 2016 <br />
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