2013-10-07_REVISION - C1981025 (8)

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3.The Division finds that activities proposed by the applicant did not, and that future reclamations activities will not, interrupt, discontinue, or preclude farming on the alluvial valley floors that are irrigated or naturally subirrigated (4.24.3(1)). 4.The operation produced coal in commercial quantities and was located within or adjacent to an alluvial valley floor prior to August 3, 1977 (4.24.3(4)(a) and 2.06.8(5)(b)(I)(A)), therefore, the operations within a specific geographic area were permitted despite their proximity to an alluvial valley floor. The specific geographic area has been delineated as the loadout. This was identified in a reclamation plan approved by the Mined Land Reclamation Board prior to August 3, 1977, for a surface coal mine (4.34.3(4) and 2.06.8(5)(b)(ii)(A)). Surface coal mining and reclamation operations were conducted in a manner whereby the essential hydrologic functions of alluvial valley floors outside were retained, and those within the permit area were reestablished, throughout the mining and reclamation process (4.24.2). IX. Operations on Prime Farmland The discussion of prime farmlands can be found in Volume I, Section 5.1 of the PAP. In addition, soil survey work is contained in Section 3.8.2, topsoil removal and storage is discussed in Section 4.4.3, and agricultural yields for the site are presented in Section 3.2.1. An investigation was conducted of the mine site to determine whether prime farmlands existed in or adjacent to the five-year permit area. The investigation revealed that there are no soil map units that have been designated prime farmland by the U.S. Soil Conservation Service within or adjacent to the mine site. This information is one of the criteria listed in Rule 2.04.12(2) as acceptable to make a negative determination. Based on this, the Division found that no prime farmlands exist in the five-year mine permit area. A similar investigation was conducted for the mine loadout facility and its associated haul road. A small portion of the loadout haul road has been constructed on soils mapped by the U.S. Soil Conservation Service as prime farmland. The Division found that the soil units 70C - Unnamed silt loan - and d71 - Almy loam - identified on Soils Map D-3-15, are the only area of prime farmland in or adjacent to the loadout permit area. No additional disturbance is proposed for this unit of prime farmland or any other unit. On behalf of the landowner, the operator requested that the haul road, which disturbed a small portion of prime farmland, be retained after mining. Because Rule 4.25.1(2) exempts coal preparation plants, support facilities and roads of underground mines used over an extended period of time and affecting a minimal amount of land from the performance standards for prime farmland, the haul road was permitted to remain in place for the landowner's convenience rather than being 25