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<br /> <br /> <br /> <br /> 27 <br /> <br />The second alluvial valley floor body identified by the Division is a 15-acre tract <br />located in Willow Park along Middle Thompson Creek. This area has the potential to <br />be flood irrigated and is of sufficient size to support agricultural activities. With the <br />exception of a pre-permit existing mine vent fan and two water monitoring flumes, no <br />surface disturbance was made by the operator within the Middle Thompson Creek <br />drainage. Although mine workings extended under a small portion of this watershed, <br />the Permit area does not include Willow Park, and the alluvial valley floor was not <br />undermined. <br /> <br />Both the Willow Park and above-mentioned Sand/Yank Creek alluvial valley floors <br />are currently undeveloped rangeland which are not significant for farming. The <br />essential hydrologic functions of these areas were preserved. <br /> <br />The Division identified one final body as an alluvial valley floor. The area is adjacent <br />to the confluence of Thompson Creek and the Crystal River. This area is currently <br />being used as irrigated pastureland and may be significant to agriculture. This body, <br />although included within the applicant's study area, is located over five miles <br />downstream from the mine and was not physically disturbed by the operation. <br />Therefore, its essential hydrologic functions have been preserved. <br /> <br />B. Findings <br /> <br />Based on the information presented in the application, the Division makes the <br />following findings: <br /> <br />1. Pursuant to Rule 2.06.8(5)(a)(I), the Division finds that the surface mining <br />operations did not, and that future reclamations activities will not, interrupt, <br />discontinue, or preclude farming on alluvial valley floors (Rule 2.06.8(5)), and that <br />any existing disturbance that was "pre-law" was insignificant to the total farms <br />production. <br /> <br />2. Pursuant to Rule 2.06.8(5)(a)(ii), the Division finds that the surface coal mining <br />operations did not, and that future reclamations activities will not, materially <br />damage the quantity and quality of water in surface and ground water systems that <br />supply those alluvial valley floors or portions of alluvial valley floors. <br /> <br />3. The Division finds that activities proposed by the applicant did not, and that <br />future reclamations activities will not, interrupt, discontinue, or preclude farming on <br />the alluvial valley floors that are irrigated or naturally subirrigated (4.24.3(1)). <br /> <br />4. The operation produced coal in commercial quantities and was located within or <br />adjacent to an alluvial valley floor prior to August 3, 1977 (4.24.3(4)(a) and <br />2.06.8(5)(b)(I)(A)), therefore, the operations within a specific geographic area <br />were permitted despite their proximity to an alluvial valley floor. The specific <br />geographic area has been delineated as the loadout. This was identified in a