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<br /> <br />.: <br /> <br />Page 2 <br />Carol Pahlke <br />tiovember 26, 1980 <br />of 2.06.8(5)(a)(i)(c) apply. The geographical extent of the ?ands eligible for <br />such an exemption shall be limited to the actual extenC of the mine workings r•n <br />August 3, 1977, and adjacent Lands for which there existed substantial demonstrable <br />financial or regulatory commitment to mine in the future. The actual extent <br />of the mine workings should be available from the State Bureau of Mines. It <br />may take some time to define the adjacent areas. <br />4. Finally, the Division must clarify the scope of the grandfathering provision. <br />As stated in Section 114(2)(e)(II) of the Act, the operation is exempted from <br />the requirements of 114(2)(e)(I). The surface mining operation is not grandfathered <br />from the requirements of preserving throughout the mining and reclamatin process <br />the essential hydrologic functions of alluvial valley floors (120 (2J(J](VI]). <br />To demonstrate compliance, the applicant must identify all alluvial valley <br />floors in or adjacent to the permit area, identify the essential hydrologic <br />functions of these alluvial valley floors, and show how the essential hydrologic <br />functions would be preserved. The applicant should begin the process by <br />providing the Division with a reconnaissance level alluvial valley floor investigation <br />as soon as possible. <br />Jerry Zimpfer ~~ <br />/k <br />CC: D. Shelton <br />