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East and West Roatcap Creek were also not determined to be Alluvial Valley Floors. The <br />sediments are predominately colluvial in nature and are too limited to support agricultural <br />activities. <br />In reviewing the original application, some concerns were raised over whether the applicant <br />proposed to use augmentation water that would normally supply an AVF. The applicant <br />responded by showing that Terror Ditch and West Reservoir waters supply Garvin Mesa and an <br />irrigated area known as "The Basin," both of which are out of the valley floor complex and are <br />not Alluvial Valley Floors. Therefore, the Bowie No. 1 Mine will not be affecting an AVF <br />because of augmentation mitigation. <br />Alluvial Valley Floors - Findings <br />The applicant is eligible for exemption from the requirements of Section 34- 33- 114(2)(e)(II) of <br />C.R.S. 1973 by virtue of having a permit issued before August 3, 1977. This permit was a <br />License to Mine, issued by the Colorado Division of Mines on December 14, 1976. This was the <br />primary permit required at the time by Colorado law to operate an underground coal mine. The <br />extent of this exemption must be based upon a demonstration of financial or regulatory <br />commitment to mine before August 3, 1977. In this case, mine maps submitted to the Division <br />of Mines and information in the permit application (see "Ground Water Investigation of Steven's <br />Gulch" in Volume 4) provide the appropriate financial or regulatory demonstration. Therefore, <br />the area identified as an Alluvial Valley Floor along the North Fork of the Gunnison River is <br />exempt from the requirements of Section 34- 33- 114(2)(e)(I). The permit revision areas and the <br />potential Alluvial Valley Floor in adjacent Terror Creek are not covered by the grandfather <br />provision, and will be discussed separately. <br />Although exempted from Section 34- 33- 114(2)(e)(I), the applicant must still comply with <br />Section 34- 33- 120(2)0)(VI) for all activities that involve surface operations or surface impacts <br />incident to the underground portions of the mine. To demonstrate compliance, the applicant <br />must identify the essential hydrologic functions of an Alluvial Valley Floor and submit a plan <br />demonstrating that the essential hydrologic functions can be preserved throughout mining or <br />restored after mining. <br />The essential hydrologic functions of the AVF along the North Fork of the Gunnison are both <br />flood irrigation and subirrigation. The lower levels of this AVF are subirrigated naturally. Yet, <br />the upper portions, between the Farmers Ditch and the river, which exhibit some subirrigation, <br />may be attributed to recharge from adjacent irrigation ditches and canals. In these areas flood <br />irrigation is the essential function. <br />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 area <br />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. As previously mentioned, a negative determination for the presence of an AVF was <br />Page 39 of 42 <br />