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Oak Creek - Findings No actual mining will take place in the Oak Creek watershed. Several of the mine facilities are located along Oak Creek, including the mine office and loadout facility. Disturbance in this area was initiated prior to August 03, 1977. All surface disturbance resulting rrom mining will occur in the Trout Creek watershed. As shown on Exhibit 4.6-16 of the permit application, no irrigation activities exist within the Oak Creek AVF adjacent to the permit area. The land use is undeveloped rangeland and is not significant to farming on the AVF. Some minor impacts to water quality may be observed due to the loadout operations, however, monitoring at the existing operations has not indicated any detectable change in water quality in either Oak Creek or the associated alluvium. Following cessation of operations, the potential source of water contamination will no longer exist. Based on the information above, the Division has determined that an alluvial valley floor exists within the affected or adjacent area. Therefore, the following findings are in order for the alluvial valley floors located on Trout Creek and Oak Creek. The Division finds that activities proposed by the applicant will not interrupt, discontinue, or preclude farming on the alluvial valley floors that are irrigated or naturally subirrigated (4.24.3(1)). 2. The proposed activities will not materially damage the quantity or quality of water in the surface or ground water system described above (4.24.3(3) and 2.06.8(5>(a)(ii)). 3. The proposed activities will comply with the requirements of the Act and the Regulations with respect to alluvial valley floors (2.06.8(5)(a)(iii)). 4. The operation proposed by the applicant produced coal in commercial quantities and was located within or adjacent to the Oak Creek alluvial valley floor prior to August 3, 1977 (4.24.3(4)(a) and 2.06.8(5)(b)(i)(A)). 5. The applicant obtained specific permit approval to conduct surface coal mining and reclamation operations within the Oak Creek alluvial valley floor (4.24.3(4)(b) and 2.06.8(5)(b>(i)(B)). Therefore the operations within a specific geographic area (the loadout and office area) may continue despite their proximity to an alluvial valley floor. The specific geographic area has been delineated as those areas identified in a reclamation plan approved by the Mined Land Reclamation Board prior to August 3, 1977, for a surface coal mine (4.24.3(4) and 2.06.8(5)(b)(ii)(A)). Surface coal mining and reclamation operations will be conducted to preserve the essential hydrologic functions of alluvial valley -33-