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(5) (a) No permit or permit revision application for surface coal mining and reclamation operations shall <br />be approved by the Division or Board unless the application demonstrates and the Division or Board finds in <br />writing, on the basis of information set forth in the application, that the proposed surface coal mining operation <br />would: <br />(i) Not interrupt, discontinue, or preclude fanning on alluvial valley <br />floors that are irrigated or naturally subirrigated excluding undeveloped rangeland which are not significant to <br />fanning on said alluvial valley floors and those lands upon which the Division or Board finds that the farming <br />which will be interrupted, discontinued, or precluded is of such small acreage as to be of negligible impact to the <br />farm's agricultural production; <br />(ii) Not materially damage the quantity or quality of water in surface or <br />ground water systems that supply those alluvial valley floors described in 2.06.8(5)(a)(i) above: and <br />NO Comply with the requirements of 4.24 and other applicable <br />requirements of the Act and the regulations with respect to alluvial vallev floors. <br />(b) (i) The requirements of 2.06.8(5)(a)(i) and (ii) above shall not apply to <br />ally surface coal mining and reclamation operation which, in the year preceding August 13, 1977, either: <br />(A) Produced coal in commercial quantities and was located within <br />or adiacent to alluvial valley floors; or <br />(B) Obtained specific permit approval to conduct surface coal <br />mining and reclamation operations within an alluvial vallev floor. <br />(ii) For surface coal mining and reclamation operations, which satisfy the <br />requirements of 2.06.8(5)(b)(i) above, the geographic extent of lands eligible for such exemption shall be limited to: <br />(A) For surface coal mining activities, those lands which were <br />identified in a reclamation plan approved by the Board prior to August 3, 1977; or <br />(B) For underground mining activities, the actual extent of the mine <br />workings on August 3, 1977 and adiacent lands for which there existing substantial demonstrable financial or <br />regulatory commitment to geographic extent shall be made by the Division on a case-by-case basis using all <br />available information. <br />(c) Criteria for determining whether a surface coal mining 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 the Division. <br />(B) Probable increases in specific conductance of water supplied to <br />an alluvial valley floor shall not exceed the salt tolerance threshold value of any crop grown on the alluvial valley <br />floor, unless the applicant demonstrates that the projected decrease in productivity is negligible to the production of <br />one or more farms. <br />Permit Renewal No.3 2.06-14 3/5/99 <br />