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2020-01-23_GENERAL DOCUMENTS - C1983059
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2020-01-23_GENERAL DOCUMENTS - C1983059
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Last modified
12/27/2024 4:35:19 PM
Creation date
1/24/2020 8:05:58 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1983059
IBM Index Class Name
General Documents
Doc Date
1/23/2020
Doc Name Note
For RN7
Doc Name
Proposed Decision and Findings of Compliance
From
DRMS
To
Oxbow Mining, LLC
Permit Index Doc Type
Findings
Email Name
LDS
JDM
Media Type
D
Archive
No
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material resulting from mass wasting and slope wash from the steep slopes rising to <br /> the north of the permit area(see Map 11 of the PAP). The text indicates that, since <br /> settlement in the early 1900's, the area was graded to allow construction of the Fire <br /> Mountain Canal and accommodate flood irrigation. <br /> The affected area occupies a transitional area(mapped as Qc on Map 2 of the PAP) <br /> between the flood plain and terrace complex below(mapped as Qa on Map 11 of <br /> the PAP) and the steeper upland slopes to the north of the permit area. It is the <br /> Division's determination that this transitional area is more appropriately considered <br /> to be an upland area rather than part of the flood plain and terrace complex as <br /> defined in Rules 1.04(10), (142), and (147). <br /> Although colluvial deposits can be considered to be part of unconsolidated alluvial <br /> deposits in many cases, in this particular instance the deposits are fairly deep and <br /> appear to be underlain by bedrock or other fairly consolidated material (on the <br /> basis of test pits and observation by Division personnel). The permit area is also <br /> on a moderately steep slope (15%), which the applicant suggests was previously <br /> graded to accommodate agricultural activity. The type of irrigation practiced on <br /> these colluvial deposits consists of diverting the flow from a nearby irrigation canal <br /> into a system of furrows. This type of irrigation is the only feasible practice under <br /> such steep slope constraints and is considered to be artificial subirrigation rather <br /> than flood irrigation as strictly defined in Rule 1.04(48). <br /> Based on considerations of the nature of the material, steepness of slopes and <br /> irrigation practice, the Division finds that the permit area is more appropriately <br /> considered to be within the upland area relative to the alluvial valley floor and is <br /> not within the flood plain and terrace complex. The Division therefore makes a <br /> negative determination for the presence of alluvial valley floors in the specific area <br /> of proposed disturbance for the Terror Creek operation. <br /> The valley bottom below the proposed disturbance (below the existing railroad <br /> grade) is considered to be an alluvial valley floor. The Division therefore is <br /> required to make a finding for the impact of the disturbance on an adjacent alluvial <br /> valley floor. These findings are presented below. <br /> B. Alluvial Valley Floor Findings <br /> Pursuant to Rules 2.06.8 and 4.24.2, the Division is required to make specific <br /> written findings on the effect of mining upon any alluvial valley floor' s within the <br /> permit and adjacent area. The findings for the North Fork alluvial valley floor are <br /> presented below. Mining activity (construction of the loadout facility)has already <br /> disturbed approximately 13 acres of land on the colluvial slope. No further surface <br /> disturbance is proposed by the applicant. <br /> Pursuant to Rule 2.06.8(5)(a)(i), the Division finds that the surface coal mining <br /> operations would not interrupt, discontinue, or preclude farming on the alluvial <br /> - 20 - <br />
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