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<br />The State Engineer's Office also indicated that in order to remain in <br />compliance with State regulations, the Southfield Mine should also meet two <br />additional conditions: 1) any mine inflow discharged from the mine is to be <br />routed to a stream without being consumptively used and, 2) any dewatering <br />which occurs is to be covered by a well permit. Mine water is presently being <br />discharged by use of the "North Dewatering Well". Because the operator does <br />not currently hold a well permit for this well, the following stipulation is <br />included here. <br />STIPULATION N0. 13 <br />WITHIN 90 DAYS OF APPROVAL OF PERMIT REVISION N0. 1, THE OPERATOR SHALL <br />SUBMIT DOCUMENTATION THAT APPLICATION FOR A WELL PERMIT FOR THE <br />"NORTH DEWATERING WELL" HAS BEEN FILED WITH THE OFFICE OF THE STATE <br />ENGINEER. <br />With the acceptance of this stipulation the operation is in compliance with <br />the requirements of this section. <br />VII. Alluvial Valley Floors - Rules 2.06.7 and 4.24 <br />One significant drainage basin (Second Alkali Creek) is included in the <br />proposed permit area expansion. This is an ephemeral stream which does not <br />meet the geomorphic criteria for an alluvial valley floor. This determination <br />is based on the fact that there are no stream laid deposits meeting the <br />pertinent size criteria set forth in Rule 2.06,8(3)(c)(i)(A), as indicated by <br />geologic maps and field investigations. In accordance with Rule 2.07.6 (2 )(k ), <br />the Division finds that Second Alkali Creek is not an alluvial valley floor. <br />The original Findings Document indicates no other alluvial valley floors are <br />found within the Southfield permit area or adjacerrt study area other than <br />Oak Creek which is near the Florence load-out. In order to assure that the <br />hydrologic function of suitability of flood irrigation will be restored after <br />mining, a stipulation was included and is retained here. <br />STIPULATION N0. 4 <br />WITH RESPECT TO THAT PORTION OF THE COAL LOAD-OUT LOCATED WEST OF THE <br />COUNTY ROAD 79 IDENTIFIED AS AN ALLUVIAL VALLEY FLOOR, WITHIN TWO YEARS <br />AFTER THE COMMENCEMENT OF THE PERIOD OF EXTENDED LIABILITY AS SPECIFIED <br />IN RULE 4.15.7(5) THE OPERATOR SHALL COMPARE THE SOIL CHARACTERISTICS OF <br />THE RECLAIMED AREA WITH AN ADJACENT UNDISTURBED AREA. THIS COMPARISON <br />SHALL BE SUFFICIENT TO VERIFY THAT THE INFILTRATION, PERMEABILITY, AND <br />TEXTURAL CHARACTERISTICS OF THE RECLAIMED SOILS HAVE BEEN RE-ESTABLISHED <br />SUFFICIENTLY TO RENDER THE AREA AS POTENTIALLY FLOOD IRRIGABLE. <br />Based on the information provided by the applicant and with the acceptance of <br />the above stipulation, the Division finds that: <br />Pursuant to Rule 2.06.7(5)(a)(i), the proposed mining operations will not <br />interrupt, discontinue, or preclude farming on alluvial valley floors. <br />-10- <br />