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Based on the limited extent of arable land and relatively high percentage of non- <br /> agriculturally useful species as documented by species composition data included in <br /> the September 22, 1986 submittal, the Division concluded that the area of sub-irrigated <br /> alluvium on lower Foidel Creek denoted as "Pasture 19" on supplemental Map No. 1 is <br /> not an alluvial valley floor. The extent of farmable acreage would be 10 acres or less. <br /> The areas are not presently and have not historically been farmed, and evidence <br /> presented indicates that farming is not typically practiced on similar parcels in the <br /> region. <br /> During PR03 review, the Division determined that areas upstream of the Leiske ditch <br /> crossing of Foidel Creek as shown on Map 15 (Sections 14, 21, 22, 23, and 28, T5N, <br /> R86W) are not alluvial valley floors. This determination was based on the lack of <br /> sufficient water for flood irrigation, the lack of flood irrigation, the small size of the <br /> valley bottom and the narrow nature of the stream, and the lack of meaningful <br /> production or cover differences between the creekside and upland vegetative <br /> communities. <br /> Therefore, in summary, the Division finds that all valley bottom areas along Foidel <br /> Creek upstream of the County Road No. 33 crossing are not alluvial valley floors. <br /> Middle Creek <br /> Prior to PR-03, no previous AVF determination had been made for areas above the <br /> Foidel/Middle Creek confluence AVF on Middle Creek as these areas were not <br /> proposed to be affected or impacted by the Foidel Creek mine operation. During the <br /> PR-03 review process, the applicant submitted information to support its position that <br /> areas along the Middle Creek valley floor in sections 12, 23, and 26 T5N R86W are <br /> not alluvial valley floors. Twentymile Coal provided information which is contained <br /> in the permit application as Exhibit 42a and consists of vegetation sampling data, <br /> valley floor cross-sections, and a transect location maps. The applicant also refers to <br /> the narrow and deeply incised nature of Middle Creek. <br /> There is no indication of past or current flood irrigation of these areas along Middle <br /> Creek, and the geomorphic characteristics of this area would not lend themselves to <br /> the development of an irrigation system. Based on the lack of flood irrigation <br /> potential, the narrow and incised nature of the valley bottom, and the lack of <br /> meaningful differences between the creekside and upland vegetative communities, the <br /> Division has determined that areas upstream of the Connel ditch lateral crossing of <br /> Middle Creek, as shown on Map 15, are not alluvial valley floors. In this case, the <br /> extent of farmable acreage would be 10 acres or less. The areas are not presently and <br /> have not historically been farmed and evidence presented indicates that farming is not <br /> typically practiced on similar parcels in the region. A previous negative determination <br /> had already been made for those lands along Middle Creek downstream from the <br /> County Road No. 33 in section 12 to the first irrigation ditch crossing (Connel ditch <br /> lateral). <br /> Effects of Mining on Identified Alluvial Valley Floors <br /> Foidel Creek Mine 37 August 4,2023 <br />