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AVF Determination - Neeative Determination Foidel Creek Prior to PR-03, an alluvial body along Foidel Creek in sections 28, 29, 31 and 32, TSN R86W, was determined not to be an AVF based on a fording of insufficient water to support flood irrigation, and a determination that subirrigated areas were less than 10 acres in extent and supported species which were not agriculturally useful. Due to the significant expansion of mining operations proposed in the LOM revision application (PR-Ol ), the potential impacts to identified alluvial valley floors were reevaluated. Areas previously determined by the Division to not meet alluvial valley floor criteria were not reexamined. As a result of additional vegetation data and land use information submitted by the applicant and site visits made by Division staff, however, certain lands previously identified as alluvial valley floors were found not to meet AVF criteria Based on the limited extent of arable land and relatively high percentage ofnon-agriculturally useful species as documented by species composition data included in the September 22, 1986 submittal, the Division concluded that the azea of subirrigated alluvium on lower Foidei Creek denoted as "Pasture 19" on supplemental Map No. 1 is not an alluvial valley floor. The extent of farmable acreage would be 10 acres or less. The azeas aze not presently and have not historically been farmed and evidence presented indicates that farming is not typically practiced on similaz pazcels in the region. During PR03 review, the Division determined that areas upstream of the Leiske ditch crossing of Foidel Creek as shown on Map 15 (Sections 14, 21, 22, 23, and 28, TSN, R86W) are not alluvial valley floors. This determination was based on the lack of sufficient water for flood irrigation, the lack of flood irrigation, the small size of the valley bottom and the narrow nature of the stream, and the lack of meaningful production or cover differences between the creekside and upland vegetative communities. Therefore, in summary, the Division fords that all valley bottom areas along Foidel Creek above the County Road No. 33 crossing are not alluvial valley floors. Middle Creek Prior to PR-03, no previous AVF determination had been made for areas above the FoideUMiddle Creek confluence AVF on Middle Creek as these areas were not proposed to be affected or impacted by the Foidel Creek mine operation. During the PR-03 review process, the applicant submitted information to support that azeas along the Middle Creek valley floor in sections 12, 23, and 26 TSN R86W aze not alluvial valley floors. Twentymile Coal Company provided information which is contained in the permit application as Exhibit 42a and consists of vegetation sampling data, valley floor cross-sections, and a transect location maps. The applicant also refers to the narrow and deeply incised nature of Middle Creek. There is no indication of past or current flood irrigation of these areas along Middle Creek and the geomorphic chazacteristics of this area would not lend themselves to the development of an irrigation system. Based on the lack of flood irrigation potential, the narrow and incised nature of the valley bottom, and the lack of meaningful differences between the creekside and upland vegetative communities, the Division has determined that areas upstream of the Connel ditch lateral crossing of Middle Creek, as shown on Map I5, are not alluvial valley floors. in this case, the extent of farmable acreage would be 10 acres or less. The areas aze not presently and have not historically been farmed and evidence presented indicates that farming is not typically practiced on similaz parcels in the region. 26