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_ `t°-, , ~- • DR~~ • November 25, 180 T0: Coal Staff. .FROM; Jerry Zimpfer SUBJECT: Alluvial Valley Floors I have recently reviewed the Coal Act, OSM's Preamble and Judge Flannery's Round 1 decision. As a result, I have revised my thinkin!7 from that presented during the training session. !4y current interpretation is as~: follows: ti Hlluvial Valley Floors (AVF's) are protected hy.four different sections in the Coal Act. l) 34-33-114(2)(c) requires that the Division, after making its assessment of probable cum~ilative impacts find that the. proposed operation has been designed to prevent material damage to the hy~rologic balance out- side the permit area; ',' 2) 34-33-114(2_)-(e)(I)(A) requires that the proposed operations would ~ not interrupt, discontinue, or preclude farmirg on AVF's. 3) 34-33-114(2)(Aa(I)(B) requires that the proposed operations would not materially damage surface and grounc+ water supplied to AVFs identified in (e)(I)(A)• ~ .. 4) The performance standards which apply to all surface coal mining and reclamation operations (34-33-127) requires operations to,.minimize disturbances to the prevailing,hydrolonic balance includin~j^~(j)(V1) preserving throughout the mining and reclamation process the essential hydrologic • functions of alluvial.yalley floors.' ~ , Sections two and three protect existing, significant farming activities conducted on alluvial valley floors in or adjacent to the-mining permit area. • In some cases, if the operation would interrupt, discontinue, or preclude farming or if the operation would cause material damage, these provisions would prohibit mining. Sections one and four offer some protection for those alluvial valley floors thai are undeveloped rangeland, or are small and insignificant to farming. For example, an operation may he allowed to strip mine an AVF that is undeveloped rangelandaprovided that he restore the essential hydrologic functions of the AVF after mining. ~ .