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~~- • s <br />:.. <br />Page 2 <br />Mr. Andrew Schissler <br />December 19, 1980 ~ <br />,l'n ~~l% 1 <br />~~` ,~°~ <br />,~~~ 3. Finally, the Division must clarify the scope of the grandfathering <br />~~~ ~~ • <br />~r~,~" provision. As stated in Section lI4(2)(e)(II) of the Act, the operation is <br />exempted from the requirements of 114(2)(e)(I). The surface coal mining operation <br />is not grandfathered from the requirements of preserving throughout the <br />mining and reclamation process the essential hydrologic functions of alluvial <br />valley floors (120(2](jJ(VI]). To demonstrate compliance, the applicant must <br />identify alI alluvial valley floors in or adjacent to the permit area, identify <br />the essential hydrologic functions of these alluvial valley floors, and show <br />~~ ~ Ar( how the essential hydrologic functions would be preserved. The applicant <br />~'-•..~-i;,~i;, ~A should begin the process by providing the D~ sioh with a reconnaissance <br />Ieve1 alluvial valley floor investigation a soon as possible. }t should be' <br />~` `flO"~ noted that the reconnaisance Level AVF invesa' nos- n~ of the minimum <br />requirements for a complete permit application, therefore, such investigation <br />.,'niwa~ w~ should be included in Empire's forthcoming submittal for compliance with the <br />q~ h,~ State's final regulatory program. <br />Should you have any questions regarding this review or preparation of materials <br />for the permanent program, please do not hesitate to call. <br />Sind ~~~ f~f~ <br />Edward L. Bischoff <br />Reclamation Specialist <br />/k <br />CC: D. Ferguson <br />D. Sturges <br />P. Wolfe <br />J. Kent <br />D. Shelton <br />C. Pahlke <br />