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1. The Division has determined that an alluvial valley floor exists within the affected or adjacent <br />area. Therefore, the following findings are in order for the alluvial valley floors located in <br />Wilson Creek and Goodspring Creek. Lower Elkhorn Creek is located outside the permit area <br />and will not be affected by mining at Colowyo. A short segment of Jubb Creek passes through <br />the northwest corner of the expanded permit area, but Jubb Creek is not within the affected area, <br />is not hydrologically connected to the affected area, and will thus not be affected by mining at <br />Colowyo. <br />The Division finds that activities proposed by the Applicant will not interrupt, discontinue, or <br />preclude farming on the alluvial valley floors that are irrigated or naturally sub-irrigated [Rule <br />4.24.3(1)]. In addition, the proposed activities will not materially damage the quantity or quality <br />of water in the surface or ground water system described above [Rules 4.24.3(3) and <br />2.06.8(5)(a)(ii)]. Lastly, the proposed activities will comply with the requirements of the Act and <br />the Regulations with respect to alluvial valley floors (Rule 2.06.8(5)(b)(ii)(b)]. Surface coal <br />mining and reclamation operations will be conducted to preserve the essential hydrologic <br />functions of alluvial valley floors outside the permit area and to reestablish the essential <br />hydrologic functions of alluvial valley floors within the affected area throughout the mining and <br />reclamation process (Rule 4.24.2). <br />2. An environmental monitoring system will be installed, maintained, and operated by the <br />permittee on all alluvial valley floors during surface coal mining and reclamation operations and <br />continued until all bonds are released in accordance with Rule 3 (Rule 4.24.4). <br />Based on Permit Revision 02 the Division is adding one new stipulation to the permit regarding <br />alluvial valley floors: <br />STIPULATION 10 <br />PRIOR TO DISTURBING ANY LANDS ALONG THE WILSON CREEK THE COLOWYO <br />COAL COMPANY SHALL PROVIDE THE DIVISION WITH A DETAILED ANALYSIS <br />AND DISCUSSION OF THE ALLUVIAL VALLEY FLOOR (AVF) THAT HAS BEEN <br />DOCUMENTED IN THE AREA. COLOWYO MUST ALSO PROVIDE A DETAILED PLAN <br />FOR THE RESTORATION OF THE AVF IF AND WHEN IT IS DISTURBED. THIS <br />ANALYSIS MAY BE IN THE FORM OF A STAND-ALONE REVISION OR IT MAY BE <br />CONTAINED IN THE REVISION REQUIRED IN STIPULATION 3. ANY REVISION <br />SUBMITTED MUST BE APPROVED BY THE DIVISION PRIOR TO ANY <br />DISTURBANCE. <br />XXII. Operations on Steep Slopes - Limited Variances - Rule 4.27.4 <br />With the approval of Permit Revision 02 the Division approved a limited variance from <br />approximate original contour for the South Taylor Pit. This variance is for areas with slopes of <br />Proposed Decision and Findings of Compliance 14 September 2009 <br />Permit Renewal 05 Page 73