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- .~- <br />• <br />• • <br />DRAFT <br />Page 2 <br />Section 34-33-114(2)(d)(II) is a 9randfathering provision that exempts <br />some operations from the requirements of 114(2)(e)(I). This provision <br />,alloiis an operator to nine in those situations where the operation would <br />interrupt, discontinue, or preclude farming or would t~em~rarfily cause <br />' material damage to alluvial vallay floors of existing agricultural <br />significance. The operator, however, is not grandfathered out of the <br />performance standards and must restore the essential hydrologic functions ~ <br />of ,the AVF after mining. In effect, the grandfathering provision allows <br />the operator to mine coal that would be denied him if the operation were <br />'not grandfathered. <br />Grandfathered operations must still identify AVFs in or adjacent to <br />i <br />~,~ p s the permit area, must identify the essential hydrologic functions of those <br />AVFs, and show how these essential hydrologic functions would be preserved. <br />•~ <br />r-(y~orG V~.~ ir_ ~ <br />,>''l~e r~`j s, <br />..L i lid. <br />