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<br /> <br />srnre 6F co~oanoo v~~ ~.~n~ taco.+. ~,,,~,.,~,,, <br />MINED LAND RECLAMA'T'ION <br />DEPARTMENT OF NATURAL RESOURCES III IIIIIIIIIIIII III <br />D. Monte Pascoe, Executive Director II <br />999 <br />423 Centennial Building, 1373 Sherman Street <br />Denver, Colorado 80203 Tel. (303) 866-j56J <br />David C. Shelton <br />Director <br />M E M O RAN D U M <br />T0: Fred Banta <br />FROM: Jerry Zimpfer ;;` <br />DATE: June 10, 1982 <br />RE: Alluvial Valley Floor Issues raised by Western Associated Coal <br />with respect to Grand Mesa. <br />i <br />I have completed reviewing the AVF thought questions provided by Western <br />Associated Coal, and Dan Ma[hew's draft response. The following assessment <br />may be somewhat different then my position in earlier conversations, but it <br />represents my current thinking. <br />A. Significance [o Farming <br />The regulations include two exclusions (Rule 2.06.8(5)(a)(i)(A)(I) <br />from the alluvial valley floor findings of Rule 2.06.8(5)(a)(i) and (ii). <br />These exclusions are: <br />1) undeveloped range land which is not significant to farming on <br />the alluvial valley floor, and <br />2) unless the Board finds upon request of the application that <br />the area of an affected alluvial valley floor is small, and <br />provides, or may provide, negligible support for the production <br />of one or more farms. <br />(These exclusions are commonly referred to as the undeveloped range land <br />exclusion, and the significance to farming exclusion.) These regulations <br />divide all alluvial valley floors into two categories, undeveloped range <br />land and farming. <br />Rule 2.06.8(5)(d) defines a farm as one or more land units on which <br />agricultural activities are conducted. Agricultural activities (Rule 1.04 <br />(S)) are defined as "the use of any tract of land for the production of <br />animal or vegetable life,where the use is enhanced or facilitated by <br />subirrigation or flood irrigation associated with alluvial valley floors. <br />These uses include, but are not limited to, the pasturing, grazing, or <br />watering of livestock, and the cropping, cultivation, or harvesting of <br />plants whose production is aided by the availability of water from sub- <br />irrigation or flood irrigation. Those uses do not include agricultural <br />practices which do not benefit from the availability of water from subirrigation <br />or flood irrigation." <br />