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XVI. Concurrent Surface and Underground Minim The Division has previously granted a variance from contemporaneous reclamation for portions of [he permit area in order that underground minim can be developed. This variance applies to tha ,~: _ ~ . ~:.:-.d ssociated spoil From the CYCC i`iine No. I, Mine No. 2. and Eckman Park operation. Currently this area is occupied by the portals as well as other facilities necessary to the Foidel Creek operation. TCC mill be responsible for the reclamation of [his area when underground mining operations have ceased (-{.32.2). The Division finds that the requirements of Rule 4.22.3 have been met. XVI1. Auger Mining The requirements of this section do not apply. XVI11. Operations on Alluvial Valley Floors Alluvial Vallev Floor Identification Information pertinent to alluvial valley floor (AVF) determinations is provided in the permit application on pages 2.06-6 through 2.06-27.4, Exltibi[ 42a (EMD Alluvial Valley Floor Determination), Map No. 5 (Surface Geology), Map No. 15 (Alluvial Valley Floors, Land Use and Water Rights), and the supplemental report of September 22, 1986, "Material Damage Standard for Irrigation", and Map No. 13 (Twentymile Park Hydrology). Potentially affected portions of Foidel Creek, Middle Creek, Fish Creek and Lower Trout Creek stream valleys have previously been evaluated with respect to AVF criteria in a number of coal permits, including Twentymile Coal Company's Foidel Creek Mine (C-82-056), Twentymile Coal Company's Fish Creek Tipple (C-81-036), Colorado Yampa Coal Company's Eckman Park, Mine No. I, and Mine No. 2 (C-81-071) and Colorado Yampa Coal Company's Energy Mine No. 3 (C-84-062). Numerous areas meeting the criteria for potential AVF's exist in the petmit and adjacent area. The Division has made tfte finding of [he presence or absence of AVF's as detailed in [he following sections. AVF Determination -Positive Determination Fish Creek Based on existing and potential flood irrigation and subirriga[ion capabilities, the Division has determined that Fish Creek is an AVF above, within, and below the permit area, down to its confluence with Trout Creek. This area is delineated on Map 1 ~ of the permit application, Alluvial Valley Floors and Water Rights. PR-0~ approves expansion of the mine plan into [he Northern Mining District (longwall panels 12 Right to 16 Right) which underlies the Fish Creek AVF. Trout Creek Alluvial deposits on Trout Creek meet alluvial valley floor criteria based on extensive acreage of flood irrigated hayland, potential for flood irrigation and a presumed capability to support subirrigated vegetation. The Division has determined that Trout Creek is an AVF as delineated on Map I5. C:\JHB1C82056\PROS\PRO5 FINDINGS 62800.doc 27