2009-05-12_REVISION - C1981025 (8)

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The Division identified one final body as an alluvial valley floor. The area is adjacent to the confluence of Thompson Creek and the Crystal River. This area is currently being used as irrigated pastureland and may be significant to agriculture. This body, although included within the applicant's study area, is located over five miles downstream from the mine and was not physically disturbed by the operation. Therefore, its essential hydrologic functions have been preserved. B. Loadout The Division has identified the lands adjacent to the Roaring Fork River as an alluvial valley floor above, adjacent to, and below the loadout. The extent of the alluvial valley floor is identified as "Qg" on Map D-3-6 of the Permit Application Package. The AVF extends from Highway 82 on the east side of the Roaring Fork to the Kaiser- Sievers irrigation ditch on the west side of the Roaring Fork River. It also extends at least one mile upstream and two miles downstream from the loadout. The terrace upon which the loadout truck dump was located is not an alluvial valley floor. This is because the definition of alluvial valley floors specifically excludes upland areas and isolated terraces that are not hydrologically connected to the river. As previously mentioned, the loadout was built prior to the enactment of alluvial valley floor regulations for underground mines. As a result of construction, the loadout took 35 acres out of agricultural production. This acreage is insignificant to the adjacent farms' total production. The adjacent Crystal River Ranch and Diamond S Ranch comprise over 2,700 acres and 700 acres of irrigated land, respectively. Upon termination of mining, the loadout was restored to its pre-mining agricultural condition. That area east of the Roaring Fork River was subsequently developed into a golf course and residential area. The essential hydrologic function of flood irrigation was restored at the lower river terrace, west of the Roaring Fork River. C. Findings Based on the information presented in the application, the Division makes the following findings: 1. Pursuant to Rule 2.06.8(5)(a)(I), the Division finds that the surface mining operations did not, and that future reclamations activities will not, interrupt, discontinue, or preclude farming on alluvial valley floors (Rule 2.06.8(5)), and that any existing disturbance that was "pre-law" was insignificant to the total farms production. 2. Pursuant to Rule 2.06.8(5)(a)(ii), the Division finds that the surface coal mining operations did not, and that future reclamations activities will not, materially damage the quantity and quality of water in surface and ground water systems that supply those alluvial valley floors or portions of alluvial valley floors. 3. The Division finds that activities proposed by the applicant did not, and that future reclamations activities will not, interrupt, discontinue, or preclude farming on the alluvial valley floors that are irrigated or naturally subirrigated (4.24.3(1)). North Thompson Creek C-1981-025 Permit Renewal 05 12 May 2009 35