APPCOR13250

• Permit No: C1983059
• IBM Index Class Name: Application Correspondence
• Doc Name: Proposed Decision Letter & Findings Document
• Media Type: D
• Archive: No

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The affected area occupies a transitional area (mapped as Qc on Map 2 of
the application) between the floodplatn and terrace complex below (mapped
as Qa on Map 11 of the application) and the steeper upland slopes to the
north of the permit area. .lt is the Division`s opinion that this
transitional area 15 more appropriately considered to be an upland area
rather than part of the floodplatn and terrace complex as defined in
sections 1.04(10), (142) and (147) of the Rules and Regulations.
Although colluvlal deposits can be considered to be part of
unconsolidated alluvial deposts to many cases, in this particular
instance the deposits are fairly deep andappear to be underlain by
bedrock or other fairly consolidated material (on the basis of test pits
and observation by Division personnel). The proposed permit area is also
on a moderately steep slope (15'x) which the applicant suggests was
previously graded to accommodate agricultural activity. The type of
irrigation practiced on these colluvlal deposits consists of diverting
the flow from a nearby irrigation canal into a system of furrows. This
type of irrigation 15 the only feas161e practice under such steep slope
constraints and is considered to be artificial sublrrtgatlon rather than
flood irrigation as strictly defined in Rule 1.04(48).
@ased on these considerations of the nature of the material, steepness of
slopes and irrigation practice the Division finds that the proposed
permit area 1s more appropriately considered to be within the upland area
relative to the alluvial valley floor, and is not within the floodplatn
and terrace complex. The Oivlsion therefore makes a negative
determination for the presence of alluvial valley floors to the specific
area of proposed disturbance for the Terror Creek operation.
The valley bottom below the proposed disturbance (below the existing
railroad grade) is considered to be an alluvial valley floor. The
Division, therefore, has to make the required findings for the impact of
the proposed disturbance on an adjacent alluvial valley floor. These
flndings are presented below.
Alluvial Valley Floor Findings
Pursuant to Rules 2.06.8 and 4.24.2, the Division is required to make
specific written findings on the effect of mining upon any AVF'S within
the permit and adjacent area. The flndings for the North Fork AVF are
presented below. Mining activity (construction of the load-out facility)
has already disturbed approximately 13 acres of land on the colluvlal
slope. No further surface disturbance is proposed by the applicant.
1. Pursuant to Rule 2.06.8(5)(a)(i)(A)(I), the Division finds that
the proposed surface coal mining operations would not interrupt,
discontinue, or preclude farming on the alluvial valley floor.