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Based on the limited extent of arable land and relatively high percentage of non- <br />agriculturally useful species as documented by species composition data included in <br />the September 22, 1986 submittal, the Division concluded that the area of sub-irrigated <br />alluvium on lower Foidel Creek denoted as "Pasture 19" on supplemental Map No. 1 is <br />not an alluvial valley floor. The extent of farmable acreage would be 10 acres or less. <br />The areas are not presently and have not historically been farmed and evidence <br />presented indicates that farming is not typically practiced on similar parcels in the <br />region. <br />During PR03 review, the Division determined that areas upstream of the Leiske ditch <br />crossing of Foidel Creek as shown on Map 15 (Sections 14, 21, 22, 23, and 28, T5N, <br />R86W) are not alluvial valley floors. This determination was based on the lack of <br />sufficient water for flood irrigation, the lack of flood irrigation, the small size of the <br />valley bottom and the narrow nature of the stream, and the lack of meaningful <br />production or cover differences between the creekside and upland vegetative <br />communities. <br />Therefore, in summary, the Division finds that all valley bottom areas along Foidel <br />Creek upstream of the County Road No. 33 crossing are not alluvial valley floors. <br />Middle Creek <br />Prior to PR-03, no previous AVF determination had been made for areas above the <br />Foidel/Middle Creek confluence AVF on Middle Creek as these areas were not <br />proposed to be affected or impacted by the Foidel Creek mine operation. During the <br />PR-03 review process, the applicant submitted information to support that areas along <br />the Middle Creek valley floor in sections 12, 23, and 26 T5N R86W are not alluvial . <br />valley floors. Twentymile Coal Company provided information which is contained in <br />the permit application as Exhibit 42a and consists of vegetation sampling data, valley <br />floor cross-sections, and a transect location maps. The applicant also refers to the <br />narrow and deeply incised nature of Middle Creek. <br />There is no indication of past or current flood irrigation of these areas along Middle <br />Creek and the geomorphic characteristics of this area would not lend themselves to the <br />development of an irrigation system. Based on the lack of flood irrigation potential, <br />the narrow and incised nature of the valley bottom, and the lack of meaningful <br />differences between the creekside and upland vegetative communities, the Division <br />has determined that areas upstream of the Connel ditch lateral crossing of Middle <br />Creek, as shown on Map 15, are not alluvial valley floors. In this case, the extent of <br />farmable acreage would be 10 acres or less. The areas are not presently and have not <br />historically been farmed and evidence presented indicates that farming is not typically <br />practiced on similar parcels in the region. A previous negative determination had <br />already been made for those lands along Middle Creek downstream from the County <br />Road No. 33 in section 12 to the first irrigation ditch crossing (Connel ditch lateral). <br />Foidel Creek Mine 38 June 4, 2010