1981-08-20_GENERAL DOCUMENTS - C1981038

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-5- of volume SA indicates that these areas are used primarily for orchard land which is irrigated by furrows and corrugates. On the basis of the information provided, the North Fork of the Gunnison and it's associated alluvium in those portions of. Sections 29, 30 an d •31 in T13S, R91W, and Section 36 in T13S, R92W which lie to the southeast of the Fire Mountain Canal are found to meet criteria of alluvial valley floors. Alluvial deposits located upslope (north- west) of the Fire Mountain Canal failed to meet the water availability criteria, and so were given no further consideration. The alluvial valley floor along the North Fork probably continues downstream, but for those areas no deter- mination will be made at this time. A series of isolated terrace deposits have been mapped by the applicant and are shown as the shaded areas on Map No. 40. None of these deposits meet the criteria for alluvial valley floors and so were given no further consideration. Alluvial Valley Floors - Findings The applicant is eligible for exemption from the requirements of Section 34-33-114(2) (e) (II) of C.R.S. 1973 by virtue of having a permit issued prior to August 3, 1977. This permit was a License to Mine, issued by the Colorado Division of Mines on December 14, 1976. This was the only primary permit re- quired at the time by Colorado law to operate an underground coal mire. The areal extent of this exemption must be based upon a demonstration of financial or regulatory commitment to mine prior to August 3, 1977. In this case, mine maps submitted to the Division of Mines and information in the permit appli- cation (see "Ground Water Investigation of Stevens Gulch" in the Ground Water appendix of volume 2) provide the appropriate financial or regulatory demon- stration. Therefore, both areas identified as alluvial valley floors in Stevens Gulch and along the North Fork of the Gunnison are exempt from the requirements of Section 34-33-114(2) (e) (I) . Although exempted from Section 34-33-114(2) (e) (I) , the applicant must still comply with Section 34-33-120(2) (j) (VI) for all activities which involve surface operations or surface impacts incident to the underground portions of the mine. To demonstrate compliance, the applicant must identify the essen- tial hydrologic functions of an alluvial valley floor and submit a plan demon- strating that the essential hydrologic functions can be preserved throughout mining or restored after mining. In the Orchard Valley application, the essential hydrologic functions of the alluvial valley floor have not been adequately characterized and a demonstration of preservation or restoration of those functions has not been provided. In evaluating the nature of the -site-specific circumstances involved, it is apparent that significant disturbance has already occured in the alluvial valle_u floors (A7F) as a result- of approved existing facilities: In Stevens == t e water s _ ^'; of t e y?'F is pumped for use underground, and in the .7 alcng the North Fork of the Gunnison, a loadout facility has been construc- ted. G_'ren t:e nature cr ti!_-se disturbances, St is quite like?u that the essential hydrologic functions have been impacted, perhaps significantly impacted, therefore, a demonstration of preservation of those functions would be virtually meaningless. Additionally, given the nature of the disturbance, it is quite likely that few, if any, additional impacts of significance will