2016-02-25_PERMIT FILE - C1982056A (4)

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• stating: "Because sufficient infonna[ion is not provided to demonstrate conclusively that an alluvial valley Floor (AVF) does not exist, OSM concludes that an alluvial valley Floor is present. Based on the above discussion it can further be concluded that there will be no adverse effect on the AVF or its essential hydrologic functions as a result of the proposed operation." In a technical revision to Penni[ 79-177 for the Foidel Creek Mine submitted on September I5, 1982 by Colorado Yampa Coal Company and approved by CMLRD on May 18, 1983, another intensive alluvial valley Floor investigation was completed along the Foidel Creek Floodplain. This determination is found on pages 2.06-14 through 2.06-25 of the Foidel Creek Mine Permit C-056-82. This evaluation concluded that the Foidel Creek Floodplain met [he geomorphic criteria of an alluvial valley Floor but since insufficient water existed for either flood irrigation or subirrigation a negative determination for alluvial valley floor was requested. In the findings document for Permit C-056-82 issued on April 18, 1983, CMLRD concluded that three alluvial valley floors were identified in or adjacent [o the proposed Foidel Creek Mine Permit Area. These areas included: Fish Creek, beginning several miles upstream from the Foidel Creek_Mine Area and extending downstream to its confluence with Trout Creek; Foidel Creek downstream of the Foidel Creek iM~ne Cse~mit Area; and, the area at the confluence of Foidel Creek and Middle Creek extending downstream to the Trout Creek drainage. "this findings document reports on page 14 that Map 9, Baseline Hydrology, of Permit C-056-82 and Map 6, "I'wentymile Park Hydrology, of Permit 79-177 identifies unconsolidated stream laid deposits in and adjacent to [he Foidel Permit Area. This document concludes that Fish Creek was determined to_be an alluvial valley floor based upon assumed capabilities for flood irrigation and subirrigation. The document • concludes that insufficient information was presented in [he permit application the significance of the Fish Creek Alluvial valley Floor to farming. Field investigations indicate [hat the upper and middle portions of Fish Creek are characterized by significant topographic relief, with a relatively narrow Floodplain and broad meanders which Floodplain areas into small discontinuous segments. Given these characteristics, significant modification of both the Fish Creek_channel and_Floodplain would_be necessar}• for these areas to support any agriculttral%activi[ies other than the existing use of seasonal livestock grazing. Regional availability of areas better suited to irrigated farming practices, coupled with the magnitude and cost of required modifications and limited available area, effectively preclude potential development for and limit the significance of these areas for farming. The CMLRD concluded that the mining activities for the r par Foidel Creek Mine Permit Area would not interrupt, discontinue, or preclude farming on the alluvial valley r.-y9 ,,."' Floor; would not materially damage the quantity and quality of the alluvial v_alley_floor surface and ~~c ~' groundwater; and that the essential hydrologic functions of the alluvial valley_ Floor_ along Fish Creek_ would be preserved. Foidel Creek downstream from the water gap was considered to be aft alluvial valley floor because of the lack of information in the permit application. However, CMLRD also made a negative determination for Foidel Creek, as they did for Fish Creek. Lower Foidel Creek, lower Middle Creek and lower Trout Creek were "found [o be alluvial valley Floors because of presumed capability to support Flood-irrigated aitd subirrigated agricultural activities." Negative alluvial valley floor findings for these areas were as well. A[ Colorado Yampa Coal s Energy Mine No. 3, a permit application was submitted to CMLRD on February IR, 1981. This application was revised to reFlect [he Middle Creek underground abandonment and was resubmitted on January 23, 1984, as permit application C-84-062. This application was approved on October 4, 1984. As explained on pages 2.06-13 through 2.06-17 and as delineated on Map 4, Energy • Mine No. 3 Hydrology, unconsolidated deposits were mapped according to surticial geology. On August 2, 1984, CMLRD issued their findings document on Pernti[ C-84-062. The alluvial valley floor determination states that "Based on available information, the unconsolidated streamlaid deposits of lower Foidel, Middle and Trout creeks are found to he alluvial valley floors because of the current or historical MR 97-154 2A6-7 Revised 9/10/97