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such steep slope constraints and is considered to be artificial subirrigation rather than <br />flood irrigation as strictly defined in Rule 1.04 (48). <br />Based on these considerations of the nature of the material, steepness of slopes and <br />irrigation practice the Division finds that the perrnit azea is more appropriately <br />considered to be within the upland area relative to the alluvial valley floor, and is not <br />within the flood plain and terrace complex. The Division therefore makes a negative <br />determination for the presence of alluvial valley floors in the specific azea of <br />proposed disturbance for the Terror Creek operation. <br />The valley bottom below the proposed disturbance (below the existing railroad grade) <br />is considered to be an alluvial valley floor. The Division therefore has to make the <br />required fmdings for the impact of the disturbance on an adjacent alluvial valley <br />floor. These fmdings aze presented below. <br />B. Alluvial Valley Floor Findings <br />Pursuant to Rules 2.06.8 and 4.24.2, the Division is required to make specific written <br />fmdings on the effect of mining upon any AVF's within the permit and adjacent azea. <br />The fmdings for the North Fork AVF are presented below. Mining activity <br />(construction of the loadout facility) has already disturbed approximately 13 acres of <br />land on the colluvial slope. No firrther surface disturbance is proposed by the <br />applicant. <br />Pursuant to Rule 2.06.8(5)(a)(i)(A)(1), the Division finds that the surface coal <br />mining operations would not interrupt, discontinue, or preclude farming on the <br />alluvial valley floor. Loadout operations on the colluvial slope will not <br />physically impact farming operations on the alluvial flood plain below. <br />Groundwater is not present in the colluvium in the permit azea and surface water <br />from above will be diverted azound the disturbed area. No future impact which ... <br />might interrupt, discontinue, or preclude fanning on the flood plain is proposed. <br />Thus operations at Tenor Creek would not interrupt, discontinue, or preclude <br />farming on previously-undisturbed portions of the alluvial valley floor. <br />_ 2. _ Pursuant to Rule 2.06.8(5)(a)(i)(A)(II),the Division finds that the surface coal <br />mining operations would not materially damage the quality and quantity of <br />water in surface and underground water systems that supply those alluvial valley <br />floors or portions of alluvial valley floors. <br />Given the small size (13.6 acres) and nature of the disturbance, no significant <br />hydrological impacts are anticipated. There is minimal potential for the quality <br />of water supplied to the alluvial valley floor via the Deer Trail Ditch or the Fire <br />Mountain Canal to be affected. <br />The canals aze located upslope from the disturbed azea. Irrigation runoff and <br />storm runoff will be diverted azound the disturbance and disturbed flows will be <br />routed through a sediment pond prior to dischazge. The applicant has obtained <br />20 <br />