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the area of the land [o be affected by such proposed operations is in, adjacent to, or under an alluvial vallev Floor
<br />• The Board's informal opinion shall be based upon sound scientific data in the possession of the Division, Board, or
<br />other State agencies at the time of the request, shall be in writing, and shall be advisory in nature.
<br />(b) Before applying for a penni[ or in conjunction with an application for a permit to conduct
<br />or before conducting surface coal mining and reclamation operations within a vallev holdine a stream or in a
<br />location where the adjacent area includes any stream, the applicant shall either affirmatively demonstrate, based on
<br />available data the presence of an alluvial vallev Floor or submit to the Division the results of a field investi '+~o!r
<br />of the proposed permit area and adjacent area. 'fhe Held investigations shall include sufficiently detailed eeoloeic
<br />hydrologic, land use, soils, and vegetation studies on areas required [o be investieated by the Division after
<br />consultation with the applicant, to enable the Division or Board to make an evaluation reearding the existence of
<br />the probable alluvial vallev floor in the proposed permit area or adjacent area and to determine wlticlt areas if anx,
<br />require more detailed study in order to allow the Division or Board to make a 5nal determination reeardine the
<br />i) Mapping of unconsolidated stream-laid deposits holdine streams includine. but
<br />not limited to, eeoloeic maps of unconsolidated deposits, maps of streams, delineation of surface watersheds and
<br />directions of shallow ground water flows through and into the unconsolidated deposits, topo~raphv showing local
<br />and reeional ten~ace levels, and topography of terraces, flood plains and channels showine surface drainaee
<br />ap tterns'
<br />(ii) Mappine of all lands that are currently or were historically flood irrieated,
<br />showine the location of each diversion structure, ditch, dent and related reservoir, irrieated land, and topography of
<br />those lands.
<br />• (iii) Mappine. of all lands included in the area in accordance with 2.06.8(3) and subject
<br />to agricultural activities, showine the area in which different types of aericultural lands, such as Flood irrieated
<br />lands, pasture lands and undeveloped rangeland exist, and accompanied by measurements of vegetation in terns of
<br />productivity and ripe.
<br />(iv) Documentation that areas identified in 2.06.8(3) are, or are not, subirriga[ed, based
<br />on eround water monitoring data, representative water gualiri, soil moisture measurements, and measurements of
<br />rooting depth, soil [nettling, and water requirements of vegetation.
<br />(v) Documentation, based on representative sampling, that areas identified under
<br />2.06.5(3) are, or are not, flood irrigable, based on stream-flow, water quality, water yield, soils measurements, and
<br />topographic characteristics.
<br />(vi) Analysis of a series of aerial photographs, including color infrared imagery flown
<br />at a time of year [o show env late swnmcr and fall differences between upland artd vallev floor vegetative growth
<br />and of a scale adequate for reconnaissance identification of areas that may be alluvial vallev Floors.
<br />(c) Based on the investigations conducted under 2.06.8(3)(6), the Division shall make a
<br />determination of the uresence or absence of alluvial vallev Floors, the extent of env alluvial vallev Floors within
<br />the proposed penni[ area end adjacent areas that may be affected. and whether env stream in those areas may be
<br />excluded from further consideration as Ivine within an alluvial vallev floor.
<br />(il l he Division shall determine that an alluvial vallev floor exists if it finds that
<br />i (A) Unconsolidated strcamlaid deposits holdine streams of
<br />sufficient size and inherent productive potential to support aericultural activities are present. I I not currently being
<br />fanned. the minimum sire of the alluvial body shall he based upon the accepted reeional practice.
<br />Permit Renewal No.3 2.06-5 3/5/99
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