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Page Nine • • Preliminary Adequacy Review GEX - Roadside 6 Cameo Mines April 27, 1981 5. Since this operation is adjacent to a public park, the applicant must supply a narrative describing any measures to be used to minimize or prevent adverse impacts to the park. According to 2.07.6, the permit cannot be issued unless the Division finds that the mining operation will not adversely affect the park or, if there will be an adverse impact, then approval must be given jointly by the Board and the agency with jurisdiction over the park. 6. The applicant should expand on its plan to mitigate impacts on fish and wildlife. Specifically, the applicant should highlight the measures taken to control the quality of water leaving the mine site to minimize adverse affects to threatened and endangered species of fish; and any and all present or future plans to minimize adverse affects to the peregrine falcon and bald eagle, such as management techniques, monitoring measures, and impact control measures. Alluvial Va11eU Floors Numerous alluvial valley floor issues need to be clarified rP for to the permit issuance. These items are discussed below so that the applicant and the Division may begin to seek a solution. 1. Eligibility for Exemption - CRS 1973,_34-33-114(2)(e)(II) allows an exemption from the requirement of Section 114(2)(e)(I), if, in the year preceding August 3, 1977, surface coal mining operations either produced coal in commercial quantities and were located within or adjacent to an alluvial valley floor, or had obtained permit approval to conduct surface coal mining operations within an alluvial valley floor. The applicant should demonstrate eligibility for this exemption by either providing records to show production of coal in commercial quantities in the year preceding August 3, 1977, or that they had obtained permit approval in the year prior to August 3, 1977 to conduct surface coal mining activities within an alluvial valley floor. 2. Geographic Extent The geographic extent of the exemption must be limited to the actual extent of mine workings on August 3, 1977, and adjacent lands for which there existed substantial demonstrable financial or regulatory committment to mine in the future, as required by Rule 2. 06.8(5)(a)(i)(C) in the Regulations or the Colorado Mined Land Reclamation Board for Coal Mining. Information used to define the geographic extent of the exemption must be in the form of permits, licenses, or other public documents filed prior to August 3, 1977, with a State, Federal or Iocal government agency, including but not limited to mine maps submitted to the Colorado Division of Mines, mine plans approved in accordance with 30 CFR 211 by the United States Geological Survey, Mine Safety and Xealth Administration approvals, Colorado Department of Health Air or Water Quality Permits, or other permits identifying either a production schedule or an approved specific geographic area. The applicant should submit appropriate documents or identify agencies from which they are avail- able, to allow the Division to determine the geographical extent of the exemption.