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Stephen F. Wathen May 14, 1993 Page 5 26. Section B - Findings No. XII (p. 271 - The second "of" in the phrase "Division of any of discovery" should be deleted in the last sentence of the first paragraph on the page. 27. Operations on Alluvial Valley Floors (p. 27) - The sentence "However, based upon information included in the permit application (including mapping of alluvial deposits, agricultural fields located below the rail loop which may be subirrigated, and alluvial waters from Dry Creek apparently being used to irrigate hay fields downstream) and previous findings by the Division for the Seneca II-W Mine concerning Dry Creek; those portions of Dry Creek mapped as alluvial deposits will continue to be designated as part of the Dry Creek alluvial valley floor" is incorrect. According to the OSMRE Alluvial Valley Floor Identification and Study Guidelines document, an alluvial valley floor is defined by the existence of flood plains and terraces underlain by unconsolidated stream-laid deposits, the availability of water by flood irrigation or subirrigation, and the use, or potential use, of that water and land for agricultural purposes. The document states "an alluvial valley floor is not merely an area meeting geologic criteria." The CMT.RR Coal Mining Regulations, Section 2.06.81 are a mirror image of the OSMRE AVF determination criteria. The regulations specifically require geologic criteria (topographic valley with a stream course and flood plains or terraces underlain by alluvial deposits) and water availability criteria (existence of or potential for flood irrigation or the existence of subirrigation) which incorporate additional criteria regarding the capability of the areas to be farmed (suitable water quality and quantity and topography and soils conducive to flood irrigating). Merely noting that individual or groups of agricultural fields that meet the AVF criteria have been determined above and below the H&G loadout, does not make the H&G loadout an AVF. By DMG's own criteria specified in Section 2.06.81, the loadout area is dryland agriculture (topographically too high for flood or subirrigation) and native rangeland. The water quality criteria either for subirrigation or floor irrigation is unsuitable. Those portions of Dry Creek mapped as alluvial