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9 <br /> <br />With the acceptance of Stipulation No. 26, the Division finds that the <br />essential hydrologic functions of the Alluvial Valley Floor along the <br />North Fork of the Gunnison River 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 grandfathered and, therefore, <br />is protected under the full scope of the Act and Regulations. <br />As previously mentioned, a negative determination for the presence of <br />an AVF was made for East and West Roatcap Creek as well as the lands <br />affected in the Terror Creek drainage basin. <br />Based on this information the Division makes the following findings: <br />Pursuant to Rule 2.06.8(5><a)<i), the Division finds that the <br />proposed surface mining operations, would not interrupt, <br />discontinue, or preclude farming on Alluvial Valley Floors (Rule <br />2.06.8(5)). <br />2. Pursuant to Rule 2.05.8(5)(a)(ii), the Division finds that the <br />proposed surface coal mining operations would not materially <br />damage the quantity and quality of water in surface and ground <br />water systems that supply those Alluvial Valley Floors or portions <br />of Alluvial Valley Floors. <br />3. Pursuant to Rule 4.24.2(1), the Division finds that the proposed <br />surface coal mining operation has been designed to preserve the <br />essential hydrologic functions of Alluvial Valley Floors. <br />XVIII <br />Operations on Prime Farmland <br />Information .pertaining to prime farmland may be found on pages 88 and <br />89 of Section 2.04 and in the Prime Farmland Appendix of Volume 9A. <br />The: Division has previously made a negative determination pertaining <br />to the presence of prime farmland at this site. The basis of this <br />determination has been letters from the Soil Conservation Society <br />specifying there are no prime farmland mapping units within the permit <br />area. <br />The Division has no received any information causing a change to this <br />previous determination. Therefore, the Oivision reaffirms a negative <br />determination pertaining to the presence of prime farmland within the <br />permit area. <br />The operation is in compliance with the requirements of this section. <br />XIX <br />Mountaintop Removal <br />This section is not applicable to the Orchard Valley Mine. <br />-46- <br />