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-18- A third area identified as having alluvial deposits is located at the mouth of Stevens Gulch and along the North of the Gunnison River. Low terrace deposits along the river are conceeded to be alluvial valley floors, but the designation of deposits in the upper part of the area is questionable. Deposits at the mouth of Stevens Gulch mapped as Qpc on Plates 1 and 2, of the AUF Phase I study are identified as slope outwash deposits. As such, they do not strictly meet the definition of unconsolidated stream laid deposits. On the other hand, since they are located witin the flood plain-terrace complex, they cannot be eliminated as upland deposits. Since these deposits fall into neither category, the appropriate AVF designation is unclear. However, because much of the area is occupied by flood-irrigated orchards, the Division feels these areas of the State are worth protecting for their agricultural contribution and are therefore determined to be Alluvial Valley Floors. On the basis of the information provided, the North Fork of the Gunnison and it's associated alluvium in those portions of Sections 29, 3D and 31 in T13S, R91W, and Section 36 in T13S, R92W which lie to the southeast of the Fire Mountain Canal including the area mapped Qpc are found to meet criteria of alluvial valley floors. Alluvial deposits located upslope (northwest) of the Fire Mountain Canal failed to meet the water availability criteria, and so were given no further consideration. The alluvial valley floor along the North Fork probably continues downstream, but for those areas no determination will be made at this time. Approximately 92 acres of the proposed permit revision area are within the Terror Creek watershed. This area and the adjacent Terror Creek were not considered in the Division's original Alluvial Valley Floor determination August 20, 1981 and therefore were considered for this permit. The anticipated affects of the permit revision area on the Terror Creek watershed were considered minor. No surface disturbance from mine facilities is proposed for the permit revision area, only underground mining activities will occur. The Division agrees with the operators prediction of no significant impacts to the Terror Creek watershed (See Section VIII of this document). For these reasons it was assumed that Terror Creek was an alluvial valley floor, without actually making a detailed investigation. If in the future CWI conducts a detailed investigation of Terror Creek the Division will reconsider its determination of Terror Creek. Alluvial Vallev Floors - Findings The applicant is eligible for exemption from the requirements of Section 34-33-114(2)(e)(II) of C.R.S. 1973 by virtue of having a permit issued prior to August 3, 1977. This permit was a License to Mine, issued by the Colorado Division of Mines on December 14, 1976. This was the only primary permit required at the time by Colorado law to operate an underground coal mine. The areal extent of this exemption must be based upon a demonstration of financial or regulatory commitment to mine prior to August 3, 1977. In this case, mine maps submitted to the Division of Mines and information in the permit application (see "Ground Water