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<br />Foidel Creek/Middle Creek Confluence <br />The alluvial body at [he confluence of Foidel Creek and Middle Creek, extending from the County <br />Road No. 33 crossing of Middle Creek, upstream on both Foidel and Middle Creeks, to the first Trout <br />Creek irrigation diversion ditch, does meet alluvial valley floor criteria based upon existing flood <br />irrigation and a presumed capability to support subirrigated vegetation. This area is also delineated on <br />Map 15 of the permit application. <br />AVF Determination -Negative Determination <br />Foidel Creek <br />Previous to PR-03, an alluvial body along Foidel Creek upstream from the water gap in sections 28, 29, <br />31 and 32, TSN R86W, was determined not to be an AVF based on a finding of insufficient water to <br />support flood irrigation and a determination chat subirrigated areas were less than 10 acres in extent and <br />supported species which were not agriculturally useful. <br />Due to the significant expansion of mining operations proposed in the LOM revision application (PR- <br />O]), the potential impacts to identified alluvial valley floors were reevaluated. Areas previously <br />determined by the Division to not meet alluvial valley floor criteria were not reexamined. As a result of <br />additional vegetation data and land use information submitted by the applicant and site visits made by <br />Division staff, however, certain lands previously identified as alluvial valley floors have been found not <br />to meet AVF criteria. <br />Based on the limited extent of arable land and relatively high percentage ofnon-agriculturally useful <br />species as documented by species composition data included in the September 22, 1986 submittal, the <br />Division has concluded that the area of subirrigated alluvium on lower Foidel Creek denoted as <br />"Pasture 19" on supplemental Map No. 1 is not an alluvial valley floor. The extent of fatTrtable acreage <br />would be 10 acres or less. The areas are not presently and have not historically been farmed and <br />evidence presented indicates that farming is not typically practiced on similar parcels in the region. <br />During PR03 review, the Division determined that areas upstream of the Leiske ditch crossing of Foidel <br />Creek as shown on Map 15 (Sections 14, 21, 22, 23, and 28, TSN, R86W) are not alluvial valley floors. <br />This determination was based on the lack of sufficient water for flood irrigation, the lack of flood <br />irrigation, the small size of the valley bottom and the narrow nature of the stream, and the lack of <br />meaningful production or cover differences between the creekside and upland vegetative communities. <br />Therefore, in summary, the Division finds that all valley bottom areas along Foidel Creek above the <br />County Road No. 33 crossing are not alluvial valley floors. <br />Middle Creek <br />Prior to PR-03, no previous AVF determination had been made for areas above the Foidel/Middle <br />Creek confluence AVF on Middle Creek as these areas were not proposed to be affected or impacted by <br />the Foidel Creek mine operation. During the PR-03 review process, the applicant submitted <br />information to support that areas along the Middle Creek valley floor in sections 12, 23, and 26 TSN <br />R86W are not alluvial valley Floors. Twentymile Coal Company provided information which is <br />contained in the permit application as Exhibit 42a and consists of vegetation sampling data, valley floor <br />cross-sections, and a [ransect location maps. The applicant also refers to the narrow and deeply incised <br />nature of Middle Creek. <br />20 <br />