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complex and are not Alluvial Valley Floors. Therefore, the Bowie No. I Mine will not be <br />affecting an AVF because of augmentation mitigation. <br />Alluvial Valley Floors - Findings <br />The applicant is eligible for exemption from the requirements of Section <br />34-33-114(2)(e)(II) of C.RS. 1973 by virtue of having a permit issued before August 3, <br />1977. This permit was a License to Mine, issued by the Colorado Division of Mines on <br />December 14, 1976. This was the primary permit required at the time by Colorado law to <br />operate an underground coal mine. The extent of this exemption must be based upon a <br />demonstration of financial or regulatory commitment to mine before August 3, 1977. In <br />this case, mine maps submitted to the Division of Mines and information in the permit <br />application (see "Ground Water Investigation of Steven's Gulch" in Volume 4 of the PAP) <br />provide the appropriate financial or regulatory demonstration. Therefore, the area <br />identified as an Alluvial Valley Floor along the North Fork ofthe Gunnison River is exempt <br />from the requirements of Section 34-33-114(2)(e)(I). The permit revision areas and the <br />potential Alluvial Valley Floor in adjacent Terror Creek are not covered by the grandfather <br />provision, and will be discussed separately. <br />Although exempted from Section 34-33-114(2)(e)(I), the applicant must still comply with <br />Section 34-33-120(2)0)(VI) for all activities that involve surface operations or surface <br />impacts incident to the underground portions of the mine. To demonstrate compliance, the <br />applicant must identify the essential hydrologic functions of an Alluvial Valley Floor and <br />submit a plan demonstrating that the essential hydrologic functions can be preserved <br />throughout mining or restored after mining. <br />The essential hydrologic functions of the AVF along the North Fork of the Gunnison are <br />both flood irrigation and subirrigation. The lour levels of this AVF are subirrigated <br />naturally. Yet, the upper portions, betwuen the Farmers Ditch and the river, which exhibit <br />some subirrigation, may be attributed to recharge from adjacent irrigation ditches and <br />canals. In these areas flood irrigation is the essential function. <br />The operator will restore the essential hydrologic functions of this Alluvial Valley Floor at <br />the completion of mining. The loadout facilities will be dismantled and hauled off the site. <br />The area will be regraded to restore irrigation ditches and original pre -mining contours. <br />With the acceptance of Stipulation No. 26, the Division finds that the essential hydrologic <br />functions of the Alluvial Valley Floor along the North Fork of the Gunnison River will be <br />restored after mining. <br />The Alluvial Valley Floor assumed to exist adjacent to the permit revision area along <br />T error Creek is not grandfathered and, therefore, is protected under the full scope of the <br />Act and Regulations. As previously mentioned, a negative determination for the presence <br />of an AVF was made for East and West Roatcap Creek as well as the lands affected in the <br />Terror Creek drainage basin. <br />Based on this information the Division makes the following findings: <br />42 <br />