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-1s- this AVF are subirrlgated naturally. However, the upper portions which exhibit some subirrigation mdy be attributed to recharge from adjacent irrigation ditches and canals. In these areas flood irrigation is the essential function. The operator will restore the essential hydrologic functions of this alluvial valley floor at the completion of mining. The loadout facilities will be dismantled and hauled off the site. The area will be regraded to restore irrigation ditches and original preanining contours. To verify that the site has been restored to its pre~nining function of flood irrigable lands, the Division is imposing the following monitoring stipulation: Stipulation No. 26 ONE YEAR AFTER THE COMPLETION OF RECLAMATION ACTIVITIES AT THE LOADOUT, THE OPERATOR SHALL COMPARE THE SOIL CHARACTERISTICS OF THE RECLAIMED AREA WITH THE ADJACENT UNDISTURBED ORCHARD AREAS TO VERIFY THAT THE HYDROLOGIC FUNCTION OF FLOOD IRRIGABILITY HAS BEEN RESTORED. SUCH COMPARISON SHOULD BE IN THE FORM OF INFILTRATION, PERMEABILITY AND TEXTURE STUDIES. With the acceptance of the above stipulation, the Division finds that the essential hydrologic functions of the alluvial valley floor along the North Fork of the Gunnison River will be restored after mining. The alluvial valley floor assumed to exist adjacent to the permit revision area along Terror Creek is not grandfathered and, therefore, is protected under the full scope of the Act and Regulations. As previously mentioned, a negative determination for the presence of an AVF was made for East and West Roatcap Creek as well as the lands affected in the Terror Creek drainage basin. Based on this information the Division makes the following findings: 1. Pursuant to Rule 2.06.8 (5)(a)(i), the Division finds that the proposed surface mining operations, would not interrupt, discontinue, or preclude farming on alluvial valley floors (Rule 2.06.8(5)). 2. Pursuant to Rule 2.05.8(5)(a)(ii), the Division finds that the proposed surface coal mining operations would not materially damage the quantity and quality of water in surface and ground water systems that supply those alluvial valley floors or portions of alluvial valley floors. 3. Pursuant to Rule 4.24.2(1), the Division finds that the proposed surface coal mining operation has been designed to preserve the essential hydrologic functions of alluvial valley floors. VII. WATER RIGHTS AND REPLACEMENT (2.04.7(3), 2.05.6 (3)(ii c . Water rights and associated mitigation plans are found on pages 56-57 of Section 2.04.7 and on pages 94-99 of Section 2.05.6 in Volume 1. Detailed