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the area of the land to be affected by such proposed operations is in, adjacent to, or under an alluvial valley floor.
<br />• The Board's infonnal 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 permit or in conjunction with an application for a permit to conduct
<br />or before conducting surface coal mining and reclamation operations within a valley holding 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 valley floor, or submit to the Division the results of a field investi aeon
<br />of the proposed permit area and adjacent area. The field investigations shall include sufficiently detailed geologic
<br />hydrologic, land use, soils, and vegetation studies on areas required to be investigated by the Division after
<br />consultation with the applicant, to enable the Division or Board to make an evaluation regarding the existence of
<br />the probable alluvial valley floor in the proposed permit area or adjacent area and to determine which areas if any,
<br />require more detailed study in order to allow the Division or Board to make a final determination regarding the
<br />i ) Mapping of unconsolidated stream -laid deaosits holding streams including. but
<br />not limited to, geologic 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, topography showing local
<br />and regional terrace levels, and topography of terraces, flood plains and channels showing surface drainage
<br />patterns.
<br />(ii) Mapping of all lands that are currently or were historically flood irrigated,
<br />showing the location of each diversion structure, ditch, dant and related reservoir, irrigated land, and topography of
<br />those lands.
<br />• (iii) Mapping of all lands included in the area in accordance with 2.06.8(3) and subiect
<br />to agricultural activities, showing the area in which different tvpes of agricultural lands, such as flood irrigated
<br />lands, pasture lands and undeveloped rangeland exist, and accompanied by measurements of vegetation in terns of
<br />productivity and type.
<br />(rv) Documentation that areas identified in 2.06.8(3) are, or are not, subirrigated, based
<br />on ground water monitoring data, representative water quality, soil moisture measurements, and measurements of
<br />rooting depth, soil mottling, and water requirements of vegetation.
<br />(v) Documentation, based on representative sampling, that areas identified under
<br />2.06.8(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 to show any late summer and fall differences between upland and valley floor vegetative growth
<br />and of a scale adequate for reconnaissance identification of areas that may be alluvial valley floors.
<br />(c) Based on the investigations conducted under 2.06.8(3)(b), the Division shall make a
<br />determination of the presence or absence of alluvial vallev floors, the extent of any alluvial valley floors within
<br />the proposed permit area and adjacent areas that may be affected. and whether any stream in those areas may be
<br />excluded from further consideration as Iving within an alluvial valley floor.
<br />(i) The Division shall determine that an alluvial vallev floor exists if it finds that:
<br />i(A) Unconsolidated strcamlaid deposits holding streams of
<br />sufficient size and inherent productive potential to support agricultural activities are present. Knot not currently being
<br />fanned. the minimum sire of the alluvial body shall be based upon the accepted reg)ional practice.
<br />Permit Renewal No.3 2.06-5 3/5/99
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