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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.R.S. 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, maps and other information submitted to the Division (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 of the 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 are discussed separately, below. <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 lower levels of this AVF are subirrigated <br /> naturally. Yet,the upper portions, between 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 AVF along the North Fork of the Gunnison River will be restored after <br /> mining. <br /> The AVF assumed to exist adjacent to the permit revision area along Terror Creek is not <br /> grandfathered and, therefore, is protected under the full scope of the Act and Regulations. <br /> As previously mentioned, a negative determination for the presence of an AVF was made <br /> for East and West Roatcap Creek as well as the lands affected in the Terror Creek drainage <br /> basin. <br /> Based on this information the Division makes the following findings: <br /> 43 <br />