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AVF Determination - Positive Determination <br />Fish Creek <br />Based on existing and potential flood irrigation and sub-irrigation capabilities, the <br />Division has determined that Fish Creek is an AVF above, within, and below the <br />permit area, downstream to its confluence with Trout Creek. This area is delineated on <br />Map 15 of the PAP, Alluvial Valley Floors and Water Rights. PR-05 approved <br />expansion of the mine plan into the Northern Mining District (longwall panels 12 <br />Right to 16 Right) which underlies the Fish Creek AVF. By PR-06, further <br />undermining of the AVF by panels 17 Right and 18 Right was approved. The <br />Division proposes to approve in PR-8 additional undermining of Fish Creek by mining <br />in the Western Mining District in panels 13L, 14L, 15L, 16L, and 17L. <br />Trout Creek <br />Alluvial deposits on Trout Creek meet alluvial valley floor criteria based on extensive <br />acreage of flood irrigated hayland, potential for flood irrigation and a presumed <br />capability to support sub-irrigated vegetation. The Division has determined that Trout <br />Creek is an AVF as delineated on Map 15. Twentymile Coal Company does not <br />propose to undermine Trout Creek. <br />Foidel Creek/Middle Creek Confluence <br />The alluvial body at the confluence of Foidel Creek and Middle Creek, extending from <br />the County Road No. 33 crossing of Middle Creek, upstream on both Foidel and <br />Middle Creeks, to the first Trout Creek irrigation diversion ditch, does meet alluvial <br />valley floor criteria based upon existing flood irrigation and a presumed capability to <br />support sub-irrigated vegetation. This area is also delineated on Map 15 of the PAP. <br />Permit Revision No. 5 approved undermining a portion of the Foidel Creek AVE <br />AVF Determination - Negative Determination <br />Foidel Creek <br />Previous to PR-03, an alluvial body along Foidel Creek in sections 28, 29, 31 and 32; <br />T5N R86W, was determined not to be an AVF based on a finding of insufficient water <br />to support flood irrigation, and a determination that sub-irrigated areas were less than <br />10 acres in extent and supported species which were not agriculturally useful. <br />During the review of Permit Revision No. 1 (PR-01), the potential impacts to <br />identified alluvial valley floors were reevaluated. Areas previously determined by the <br />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 <br />visits made by Division staff, however, certain lands previously identified as alluvial <br />valley floors were found not to meet AVF criteria. <br />Foidel Creek Mine 37 June 4, 2010