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-19- <br />Investigation of Steven Gulch" in Volume 2 of the 1981 application) <br />provide the appropriate financial or regulatory demonstration. <br />Therefore, both areas identified as alluvial valley floors in Stevens <br />Gulch and along the North Fork of the Gunnison are exempt from the <br />requirements of Section 34-33-114(2)(e)(I). The permit revision area and <br />the potential alluvial valley floor in adjacent Terror Creek is not <br />covered by the grandfather provision, and will be discussed separately <br />later. <br />Although exempted from Section 34-33-114(2)(e)(I), the applicant must <br />still comply with Section 34-33-120(2)(j)(VI) for all activities which <br />involve surface operations or surface impacts incident to the underground <br />portions of the mine. To demonstrate compliance, the applicant must <br />identify the essential hydrologic functions of an alluvial valley floor <br />and submit a plan demonstrating that the essential hydrologic functions <br />can be preserved throughout mining or restored after mining. <br />The essential hydrologic functions of the AVF along the North Fork of the <br />Gunnison are both flood irrigation and subirrigation. The lower levels <br />of this AVF are subirrigated naturally. However, the upper portions <br />which exhibit some subirrigation may be attributed to recharge from <br />adjacent irrigation ditches and canals. In these areas flood irrigation <br />is the essential function. <br />The operator will restore the essential hydroloyic functions of this <br />alluvial valley floor at the completion of mining. The loadout <br />facilities will be dismantled and hauled off the site. The area will be <br />regraded to restore irrigation ditches and original premining contours. <br />To verify that the site has been restored to its premining function of <br />flood irrigable lands, the Division is imposing the following monitoring <br />stipulation: <br />Stipulation No. <br />ONE YEAR AFTER THE COMPLETION OF RECLAMATION ACTIVITIES AT THE <br />LOADOUT, THE OPERATOR SHALL COMPARE THE SOIL CHARACTERISTICS OF <br />THE RECLAIMED AREA WITH THE ADJACENT UNDISTURBED ORCHARD AREAS TO <br />VERIFY THAT THE HYDRULOGIG FUNCTION OF FLOOD IRRIGABILITY HAS <br />BEEN RESTORED. SUCH CUMPHRISON SHOULD BE IN THE FORM OF <br />INFILTRATION, PERMIEABILITY AND TEXTURE STUDIES. <br />With the acceptance of the above stipulation, the Division finds that the <br />essential hydrologic functions of the alluvial valley floor along the <br />North Fork of the Gunnison will be restored after mining. <br />The alluvial valley floor assumed to exist adjacent to the permit <br />revision area along Terror Creek is not grandfather and therefore is <br />protected under the full scope of the Act and Regulations. <br />