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RESPONSE The areas on Map 15, Alluvial Valley Floors and Water Rights, were identified based upon several previous permitting actions conducted by Twentymile Coal Company and its predecessors, Colorado Yampa Coal Company and Energy Fuels Company. These submittals and corresponding regulatory adequacy and technical reviews form the basis of this analysis. The specific submittals from which this map was prepazed include the C-20900 Lease amendment submitted for lands adjacent to Fish Creek in July 1978, and approved by the Federal Office of Surface Mining (OSM) on December 11, 1978. Comments by both the Colorado Mined Land Reclamation Division (CMLRD) on September I, 1978 which stated: "The staff has made an initial determination that the planned operation is adjacent to a possible alluvial valley floor." and OSM concluded in draft stipulations dated October 31, 1978 that: "It is the Department's opinion that the Fish Creek valley is likely an alluvial valley floor." In approving the mining and reclamation plan for Federal Coal C-20900 on December I I, 1978 they reported: 11 ... that all information available in this office leads to the conclusion that Fish Creek, in the C-20900 lease, is an alluvial valley floor." Chronologically, the next intensive examination of alluvial valley floor concems document was submitted to CMLRD and OSM in September 1979 and to respond to the alluvial valley floor regulations of the permanent OSM regulations and their draft guideline entitled: "Technical Identification and Study of Alluvial Valley Floors," dated August 15, 1978. This alluvial valley floor determination was presented on pages 785-6 through 785-24 of Permit 79-177. This effort formed the basis of all subsequent alluvial valley floor efforts. The primary result of this investigation was presented on Permit 79-]77, Map 6, Twentymile Park Hydrology. This map, as required by Part 785(c) (1) (i) and 785(c) (2) (i), the extent and location of all located in the Middle, Foidel, and Fish Creek drainage pointed out in Permit 79-177 on page 785-9, it was not possible to distinguish "between unconsolidated colluvial, windblown and alluvial deposits" because no significant differences were discernible at the surface. Field investigations indicate that significant areas of mapped unconsolidated deposits are actually terrace and colluvial • deposits occurring well above actual stream channels. Actual alluvial deposits are very limited in area extent; occurring in and immediately adjacent to active or emotive stream channels, as narrow bands of limited thickness. The geological mapping techniques used to prepare Permit 79-177, Map 6, Twentymile Park Hydrology, and all subsequent alluvial valley floor maps are explained on pages 785-9(b) through 785-9(e) of that submittal. In the Endu•onmental Assessment and Technical Analysis in connection with Permit 79-177 dated February 22, 1980, OSM addressed the potential of Foidel Creek being an AVF. Detailed information describing the soils, vegetation, potential for flood and subirrigation and water quality and quantity relative to Foidel Creek are presented on pages 785-9 (f) through 785-9(k) of Permit 79-177. They concluded that "portions of Foidel Creek southwest of Pinnacle Peak, a south tributary to Foidel Creek, and Foidel Creek below the confluence of the two drainages fit the geomorphic characteristics for an AVF." Although they expressed concerns relative to the capillary rise of shallow alluvial groundwaters and its potential for subirrigation they concluded that: "the evidence presented thus far suggests that subirrigation is not occurring on the South Fork of Foidel Creek and Foidel Creek valley bottom." The OSM concluded their evaluation by • Permit Renewal No.3 2.06-6 4/1/99