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-16- Alluvial Yallev 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 Investigation of Steven Gulch" in Volume 4) provide the appropriate financial or regulatory demonstration. Therefore, both areas identified as alluvial valley floors in Steven's Gulch and along the North Fork of the Gunnison River are exempt from the requirements of Section 34-33-114(2)(e)(I). The permit revision area and the potential alluvial valley floor in adjacent Terror Creek is not covered by the grandfather provision, and will be discussed separately later. Although exempted from Section 34-33-114(2)(e)(I), the applicant must still comply with Section 34-33-120(2 )(j)(VI) for all activities which involve surface operations or surface impacts incident to the underground portions of the mine. To demonstrate compliance, the applicant must identify the essential hydrologic functions of an alluvial valley floor and submit a plan demonstrating that the essential hydrologic functions can be preserved throughout mining or restored after mining. The essential hydrologic functions of the AYF along the North Fork of the Gunnison are both flood irrigation and subirrigation. The lower levels of this AVF are subirrigated naturally. However, the upper portions which exhibit some subirrigation may be attributed to recharge from adjacent irrigation ditches and canals. In these areas flood irrigation is the essential function. The operator will restore the essential hydrologic functions of this alluvial valley floor at the completion of mining. The loadout facilities will be dismantled and hauled off the site. The area will be regraded to restore irrigation ditches and original pre-mining contours. To verify that the site has been restored to its pre-mining function of flood irrigable lands, the Division is imposing the following monitoring stipulation: Stipulation No. 3 ONE YEAR AFTER THE COMPLETION OF RECLAMATION ACTIVITIES AT THE LOADOUT THE OPERATOR SHALL COMPARE THE SOIL CHARACTERISTICS OF THE RECLAIMED AREA WITH THE ADJACENT UNDISTURBED ORCHARD AREAS TO VERIFY THAT THE HYDROLOGIC FUNCTION OF FLOOD IRRIGABILITY HAS BEEN RESTORED. SUCH COMPARISON SHOULD BE IN THE FORM OF INFILTRATION, PERMEABILITY AND TEXTURE STUDIES. ..,~ r...a._ .,.....~.. __ . .. .