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• Loadout operations are designed to prevent or minimize impacts to the Oak Creek alluvial valley floor. Therefore, it was determined that surface operations in the Loadout area will not materially damage the quantity or quality of water in surface and groundwater systems supplying the alluvial valley floor. As part of the CMLRD decision and approval process for Dorchester's initial permit (Permit No. C-037-81), the CMLRD made its finding regarding alluvial valley floors within the Southfield permit area. This determination is included within this application on page 12 of the Exhibit 14, Proposed Decision and Findings of Compliance. In this document, the CMLRD concluded that no alluvial valley floors exist within the Southfield mine area and that the five (5) acre alluvial valley floor area identified at the Southfield Loadout would not be materially damaged by surface coal mining operations in that area. The CMLRD imposed one (1) stipulation in its findings which was accepted by Dorchester and • subsequently by EFCI. This stipulation reads as follows: "With respect to that portion of the coal Loadout located west of the County Road 79 identified as an alluvial valley floor, within two (2) years after the commencement of the period of extended liability as specified in Rule 4.15.7 (5), the operator shall compare the soil characteristics of the reclaimed area with an adjacent undisturbed area. This comparison shall be sufficient to verify that infiltration, permeability, and textural characteristics of the reclaimed soils have been re-established sufficiently to render the area as potentially flood irrigable." Based upon this finding, and EFCI's acceptance of the noted permit stipulation, EFCI's existing and proposed operations effect compliance with all applicable provisions of both this section and Section 4.24, Operations on Alluvial Palley Floors. r~ 2.06-5