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-e- ~~~~, <br />B. Surface Water Information <br />The surface water information within the permit application is found in <br />Sections 3.2 and 3.5; Appendices III-2, III-11 and III-12; Tables III-13 <br />through III-17 and III-21 through III-22c; Figures III-17h through III-17t, <br />III-23, III-24 and TII-25; and Maps III-14 and IU-9. <br />A description of surface water occurrence, surface water monitoring and mining <br />impacts on surface water within the permit and adjacent areas can be found in <br />Section VIII, "Probable Hydrologic Consequences of Mining and Cumulative <br />Hydrologic Impact Study" of this document. <br />With the acceptance of the hydrologic stipulations, the Division finds this <br />section in compliance for the Eagle No. 5 and No. 9 Mines. <br />VII. Alluvial Valley Floors - Rules 2.06.8 and 4.24 <br />The applicant has determined that alluvial valley floors exist along both the <br />Yampa and the Williams Fork valleys within the permit and adjacent areas. <br />This determination is based upon the fact that flood irrigated agricultural <br />activities are practiced on unconsolidated streamlaid deposits along both <br />rivers. The Division concurs with this determination. The boundary of the <br />alluvial valley floors is shown on Map IV-8 of the permit application, Three <br />alluvial valley floors have been identified, the Williams Fork alluvial valley <br />floor, the Yampa River/Big Bottom alluvial valley floor, and the Yampa <br />River/Round Bottom alluvial valley floor, <br />A]luvial Valley Floor Exemption <br />Mining operations that, in the year preceding August 3, 1977, a) produced coal <br />in commercial quantities and were located within or adjacent to alluvial <br />valley floors, or b) obtained specific permit approval from the State to <br />conduct surface coal mining and reclamation operations within an alluvial <br />valley floor are exempted, under Rule 2.06.8(5)(a), from the alluvial valley <br />floor provisions prohibiting mining in or adjacent to certain alluvial valley <br />floors. On November 12, 1980, Empire Energy Corporation submitted a request <br />to exempt their existing and proposed mining operations from these alluvial <br />valley floor provisions. (See Appendix IV-7 of the permit application.) <br />After reviewing that submittal, the Division determined that both the Eagle <br />No. 5 Mine and the Eagle No. 9 Mine were eligible for the exemption. <br />Materials on file with the Colorado Division of Mines, "Operator's Monthly <br />Coal Report" indicate that coal was produced in commercial quantities from the <br />Wise Hill No. 5 mine (now called the Eagle No. 5 Mine) in the year preceding <br />August 3, 1977. Specific permit approval was granted for the Wise Hill No. 9 <br />mine (now called the Eagle No. 9 Mine) by the Colorado Mined Land Reclamation <br />Board on March 24, 1977. <br />