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The operator will restore the essential hydrologic functions of this Alluvial Valley Floor at the <br />completion of mining. The loadout facilities will be dismantled and hauled off the site. The <br />area will be regraded to restore irrigation ditches and original pre-mining contours. <br />With the acceptance of Stipulation No. 26, the Division finds that the essential hydrologic <br />functions of the Alluvial Valley Floor along the North Fork of the Gunnison River will be <br />restored after mining. <br />The Alluvial Valley Floor assumed to exist adjacent to the permit revision area along Terror <br />Creek is not grandfathered and, therefore, is protected under the full scope of the Act and <br />Regulations. <br />As previously mentioned, a negative determination for the presence of an AVF was made for <br />East and West Roatcap Creek as well as the lands affected in the Terror Creek drainage basin. <br />Based on this information the Division makes the following findings: <br />1. Pursuant to Rule 2.06.8(5)(a)(i), the Division finds that the proposed surface mining <br />operations, would not interrupt, discontinue, or preclude farming on Alluvial Valley Floors <br />(Rule 2.06.8(5)). <br />2. Pursuant to Rule 2.05.8(5)(a)(ii), the Division finds that the proposed surface coal mining <br />operations would not materially damage the quantity and quality of water in surface and ground <br />water systems that supply those Alluvial Valley Floors or portions of Alluvial Valley Floors. <br />3. Pursuant to Rule 4.24.2(1), the Division finds that the proposed surface coal mining operation <br />has been designed to preserve the essential hydrologic functions of Alluvial Valley Floors. <br />XVIII. Operations on Prime Farmland - Rule 4.25 <br />Information pertaining to prime farmland may be found on pages 88 and 89 of Section 2.04 and <br />in the Prime Farmland Appendix of Volume 9A. <br />The Division has previously made a negative determination pertaining to the presence of prime <br />farmland at this site. The basis of this determination has been letters from the Soil Conservation <br />Society specifying that there are no prime farmland mapping units within the permit area. <br />The Division has not received any information causing a change to this previous determination. <br />Therefore, the Division reaffirms a negative determination pertaining to the presence of prime <br />farmland within the permit area. <br />The operation is in compliance with the requirements of this section. <br />XIX. Mountaintop Removal - Rule 4.26 <br />This section is not applicable to the Bowie No. 1 Mine. <br />XX. Operations on Steep Slopes - Rule 4.27 <br />The Bowie No. 1 Mine has obtained a variance from the requirement for restoration of affected <br />lands to their approximate original contour in accordance with Rules 2.06.5 and 4.27. The <br />variance was granted under the 1981 permit and is hereby reissued. The variance applies to the <br />mine benches only and was granted because it was demonstrated that backfilling the benches to <br />44