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<br />XVI. Concurrent Surface and Underground Mining <br />The Division has previously granted a variance from contemporaneous reclamation for portions of the <br />permit area in order that underground mining can be developed. This variance applies to the Area 2 pit <br />and associated spoil from the CYCC Mine No. 1, Mine No. 2, and Eckman Park operation. Currently <br />this area is occupied by the portals as well as other facilities necessary to the Foidel Creek operation. <br />TCC will be responsible for the reclamation of this area when underground mining operations have <br />ceased (4.22.2). , <br />The Division finds that the requirements of Rule 4.22.3 have been met. <br />XVII. Auger Mining <br />The requirements of this section do not apply. <br />XVIII. Operations on Alluvial Valley Floors <br />Alluvial Valley Floor identification <br />Information pertinent to alluvial valley floor (AVF) determinations is provided in the permit application <br />on pages 2.06-6 through 2.06-25.1, Exhibit 42a (EMD Alluvial Valley Floor Determination), Map No. <br />5 (Surface Geology), Map No. 15 (Alluvial Valley Floors, Land Use and Water Rights), and the <br />supplemental report of September 22, 1986, "Material Damage Standard for Irrigation". Map No. 13 <br />(Twentymile Park Hydrology). <br />Potentially affected portions of Foidel Creek, Middle Creek, Fish Creek and Lower Trout Creek stream <br />valleys have previously been evaluated with respect to AVF criteria in a number of coal permits, <br />including Twentymile Coal Company's Foidel Creek Mine (C-82-056), Fish Creek Tipple (C-81-036), <br />Colorado Yampa Coal Company's Eckman Park, Mine No. 1, and Mine No. 2 (C-81-071) and Mine <br />No. 3 (C-84-062). <br />Numerous areas meeting the criteria for potential AVF's exist in the permit and adjacent area. The <br />Division has made the finding of the presence or absence of AVF's as detailed in the following sections. <br />AVF Determination -Positive Determination <br />Fish Creek <br />Based on existing and potential flood irrigation and subirrigation capabilities, the Division has <br />determined that Fish Creek is an AVF above, within, and below the proposed permit area, down to its <br />confluence with Trout Creek. This area is delineated on Map 15 of the permit application, Alluvial <br />Valley Floors and Water Rights. PR-04 approval excludes expansion of the mine plan into the <br />Northern Mining District which underlies the Fish Creek AVF. <br />Trout Creek <br />Alluvial deposits on Trout Creek meet alluvial valley floor criteria based on extensive acreage of Flood <br />irrigated hayland, potential for flood irrigation and a presumed capability to support subirrigated <br />vegetation. The Division has determined [ha[ Trout Creek is an AVF as delineated on Map l ~. <br />19 <br />