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• <br />-16- <br />this AVF are subirrlgated naturally. However, the upper portions which <br />exhibit same subirrigation may be attributed to recharge from adjacent <br />irrigation ditches and canals. In these areas flood irrigation is the <br />essential furction. <br />The operator will restore the essential hydrologic functions of this alluvial <br />valley floor at the completion of mining. The loadout facilities will be <br />dismantled and hauled off the site. The area will be regraded to restore <br />irrigation ditches and original pre-mining contours, To verify that the site <br />has been restored to its pre-mining function of flood irrigable lands, the <br />Division is imposing the following monitoring stipulation: <br />Stipulation No. 26 <br />ONE YEAR AFTER THE COMPLETION OF RECLAMATION ACTIVITIES AT THE LOADOUT, <br />THE OPERATOR SHALL COMPARE THE SOIL CHARACTERISTICS OF THE RECLAIMED <br />AREA•WITH THE ADJACENT UNDISTURBED ORCHARD AREAS TO VERIFY THAT THE <br />HYDROLOGIC FUNCTION OF FLOOD IRRIGABILITY HAS BEEN RESTORED. SUCH <br />COMPARISON SHOULD BE IN THE FORM OF INFILTRATION, PERMEABILITY AND <br />TEXTURE STUDIES. <br />• <br />With the acceptance of the above stipulation, the Division finds that the <br />essential hydrologic furctions of the alluvial valley floor along the North <br />Fork of the Gunnison River will be restored after mining. <br />The alluvial valley floor assumed to exist adjacent to the permit revision <br />area along Terror Creek is not grandfathered and, therefore. is protected <br />under the full scope of the Act and Regulations. <br />As previously mentioned, a negative determination for the presence of an AVF <br />was made for East and West Roatcap Creek as well as the lands affected in the <br />Terror Creek drainage basin. <br />Based on this information the Division makes the following findings: <br />1. Pursuant to Rule 2.06.8 (5 )(a)(i), the Division finds that the <br />proposed surface mining operations, would not interrupt, discontinue, or <br />preclude farming on alluvial valley floors (Rule 2.06.8(5)). <br />2. Pursuant to Rule 2.05.8 (5)(a)(ii), the Division finds that the <br />proposed surface coal mining operations would not materially damage the <br />quantity and quality of water 1n surface and ground water systems that supply <br />those alluvial valley floors or portions of alluvial valley floors. <br />3. Pursuant to Rule 4.24,2(1), the Division finds that the proposed <br />surface coal mining operation has been designed to preserve the essential <br />hydrologic functions of alluvial valley floors. <br />VII. <br />.04.7(3), 2.05.6 (3)(ii) <br />Water rights and associated mitigation plans are found on pages 56-57 of <br />Section 2.04.7 and on pages 94-99 of Section 2.05.6 in Volume 1. Detailed <br />