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~) (a) No permit or permit revision application for surface coal minine and reclamation operations shall <br />be approved by the Division or Board unless the application demonstrates and the Division or Board finds in <br />writin>;, on the basis of information set forth in the application, that the proposed surface coal minine operation <br />would: <br />(i) Not interrupt, discontinue, or preclude farmine on alluvial valley <br />floors [hat are irrieated or naturally subirrieated excludine wtdeveloped raneeland which are not significant to <br />fannine nn said alluvial valley floors and those lands upon which [he Division or Board finds that the farmirt~ <br />which will be interrupted, discontinued, or precluded is of such small acreage as to be of neeligible impact to the <br />farm's aericularral production; <br />(ii) No[ materially damage the Quantity or quality of water in surface or <br />eround water systems that supply those alluvial valley Floors described in 2.06.8(5)(a)(i)gbove: and <br />(iii) Comply with the requirements of 4.24 and other applicable <br />requirements of the Act and the reeula[ions with respect to alluvial valley Floors. <br />{b) (i) The requirements of 2.06.8(5)(a)(i) and (ii) above shall not apply to <br />any surface coal minine, and reclamation operation which, in [he year precedine Aueust 13, 1977, either: <br />or adiacent to alluvial valley floors; or <br />(A) Produced coal in commercial quantities attd was located within <br />(B) Obtained specific permit approval [o conduct surface coal <br />minine and reclamation operations within an alluvial valley floor. <br />(ii) For surface coal minine and reclamation operations, which satisfy [he <br />requirements of 2.06.8(5)(b)(i) above, the eeoeraphic extent of lands elieible for such exemption shall be limited to: <br />(A) For surface coal minine activities, those lands which were <br />identi5ed in a reclamation plan approved by the Board prior to AUQnSt 3, 1977; or <br />(B) For underground mining activities, the actual extent of the mine <br />workine on Aueust 3, 1977 attd adiacent lands for which there existing substantial demonstrable financial or <br />re~ula[orv commitrnent to Qeo;?raphic extent shall be made by [he Division on a case-by-case basis using all <br />available information. <br />(c) Criteria for detetminine whether a surface coal minine operation will <br />materially damage the quantity or quality of waters include, but are not limited to: <br />(i) Probable increases in specific conductance of waters supplied to an <br />alluvial valley floor to levels above the threshold value at which crop yields on the alluvial valley floor decrease. <br />(A) Salt tolerance threshold values shall be based on applicable <br />published research or testing specific to the situation, as approved by dte Division. <br />{B) Probable increases iit specific conductance of water supplied to <br />an alluvial valley Floor shall not exceed the salt tolerance dueshold value of env crop grown on [he alluvial valley <br />floor unless the applicant demonstrates that the proicctcd decrease in productivity is neglieible to the production of <br />one or more farms. <br /> <br />Permit Renewal No.3 2.06-14 3/5/99 <br />